Loading...
HomeMy WebLinkAbout2010 CON CDWG - Network Storage InfrastructureAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CDW GOVERNMENT THIS AGREEMENT is entered into this 1st day of June, 2010, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and CDW Government (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to design, install and configure a Netapp storage infrastructure. WHEREAS, the CITY has determined that the CONTRACTOR is a Storage Integrator and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit " A ". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement, subject to the written approval of the CONTRACTOR. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15 % from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Ron Williams hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress for the CONTRACTOR. Rich Adams thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit " A "shall not exceed the schedule given in Exhibit " A " (the Base amount) without prior written authorization from the IT Manager. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit " A "as determined by the CITY. The CONTRACTOR shall maintain all documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONTRACTOR and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the City or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 6. LENGTH OF AGREEMENT. The Software Maintenance coverage period is from May 18, 2010 to June 30, 2010 for software support. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Notwithstanding anything to the contrary, all existing intellectual property rights associated with the documents shall be and remain vested in the CONTRACTOR and/or the owner of such intellectual property rights. The CITY shall use the the documents only for its internal use for which the CONTRACTOR's Statement of Work was submitted. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement 9 nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY, which shall not be unreasonably withheld. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subCONTRACTORs, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subCONTRACTOR(s) shall require the subCONTRACTOR to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent CONTRACTORs and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subCONTRACTORs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of this Agreement. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. FOR ANY LIABILITY RELATED TO THE PURCHASE, DELIVERY, INSTALLATION OR USE OF PRODUCTS, NEITHER THE CONTRACTOR NOR ITS AFFILIATES WILL BE LIABLE OR RESPONSIBLE FOR DAMAGES IN EXCESS OF FIVE HUNDRED THOUSAND DOLLARS ($500,000). a 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subCONTRACTORs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ❑ A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, CONTRACTOR shall provide a blanket endorsement with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. In the event of performance -related deficiencies, the CONTRACTOR shall have thirty (30) days from receipt of notice to cure any such deficiency. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; or (2) a reorganization of the CONTRACTOR for the benefit of creditors. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: To CONTRACTOR: Ron Williams IT Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 Tara K. Barbieri Director, Program Sales 2 Enterprise Dr., Suite 404 Shelton, CT 06484 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not knowingly perform services of any kind for any person or entity whose interests the CONTRACTOR knows or should reasonable know conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk 7 of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Rbii Morrison, Mayor APPROVED AS TO FORM: �! i George H. Eiser, 111 City Attorney CDW GOVERNMENT (Corporation — signatures of two corporate officers) By: (Name) Tara K. Barbieri (Prix i jreCtor, Program Sales (Title) By: '`��C7Z (Name) Djkiill »o-t01 MS (Print red-tr S Local &AC (Title) Reviewed rrC a Exhibit A NetApp Install and Configuration Statement of Work for City of National City Version 2.0 March 02, 2010 800.808.4239 I CDWG.com Exhibit A Submitted by: Rich Adams, CDW Field Account Executive 805.559.0563 (mobile) Contributor: Gil Xiong, CDW Solution Architect 312.545.7421 (mobile) Copyright © 2010 CDW Government LLC. All rights reserved. No part of this document may be reproduced or transmitted in any form or by any means, electronic or mechanical, for any purpose, without written permission from CDW Government LLC. The costs, terms, and conditions contained in this proposal are valid for 30 days. Rev.08061 8 Exhibit A Contents Introduction 1 Value Proposition 1 Contact Persons 2 Description / Scope of Services 2 Out of Scope 5 Items to be Provided 5 Approval Criteria 5 City of National City Responsibilities and CDWG Assumptions 6 City of National City General Responsibilities 6 City of National City Technical or Project -Specific Responsibilities 7 CDWG General Assumptions 7 Other CDWG Assumptions 8 CDWG Technical or Project -Specific Assumptions 9 Project Scheduling 9 Professional Services Fees 9 Payment Terms 10 Expiration 10 Change Orders 10 Miscellaneous and Signatures 10 Locations Receiving the Benefit of the Services 11 Appendix A. Sample Change Order 13 General Information 13 Assessment 13 Assessment Results 14 Recommendations 14 Exhibit A Exhibit A NetApis Inctx:3i er;d C J'itrxlib- no, Introduction CDWG is pleased to present this Statement of Work (SoW) to City of National City for a NetApp Installation and Configuration. Based on our conversations with you, CDWG is confident that our methodologies and approach to business align closely with those of City of National City, and we look forward to working with you in making this and future projects a success. Value Proposition CDW'•G offers products, solutions and advanced technical services for all aspects of your IT environment. Our highly trained engineers and architects, certified in the latest technologies, can quickly evaluate your current environment, identify weaknesses and offer recommendations, and design and deploy new solutions that integrate with all the products and technologies you need to drive your business. Our offerings and capabilities range from peripheral devices to desktops, networks, storage and servers, mobile and wireless options, POS and AIDC, Telephony / IP, Power, Carrier Services, Document Management, and Software Licensing. Our products and services meet your needs in the areas of Unified Communications, Virtualization, Security, Desktop Lifecycle Management and Hosted and Managed Services for all project phases. ASSESSMENT, PLANNING AND DESIGN • Assessments • Security Audits • Design Workshops IMPLEMENTATION • Configuration Center for large deployments • Highly trained engineers integrate your design with your environment SUPPORT • Maintenance contracts and warranty extensions • Post -sales technical support and helpdesk services HOSTED AND MANAGED SERVICES • Website Hosting in one of our three world -class data centers • Managed Services support networking devices, servers and operating systems, databases and applications CDWG's commitment to customer success has led to a comprehensive list of awards and certifications from world -leading partners: • Cisco Global Solution Innovation Partner of the Year; Cisco Gold Partner • Cisco U.S. Technology Excellence Partner of the Year — Unified Communications and Security • IBM Competitive Leadership Award; IBM Premier Partner • Microsoft Worldwide Partner Award — Advanced Infrastructure; Microsoft Gold Partner 800.808.4239 ! CDMG.com Exhibit A Contact Persons v CDWG will appoint a CDWG contact person when the time for performance nears, and CD\si1•G will communicate that person's name and information to your contact person. If your contact person is someone other than the individual who signs this SoW on your behalf, please supply the name of that contact person here: Name: Address: Phone: Email Your contact person is authorized to approve materials and services provided by CDWG, and CDWG may rely on the decisions and approvals made by your contact person (except that CDWG understands that you may require a different person to sign any Change Orders amending this SoW). Your contact person will manage all communications with CDWG, and when services are performed at your location (or another location designated by you), your contact person will be present or available. Description / Scope of Services Subject to the other provisions of this SoW, CDWG will perform the following services: Customer's staff should be involved in every step of this installation for familiarity and skills transfer. CDWG engineers will allow City of National City staff to perform as much of the work as time allows. 1. NetApp I Iardware Installation and Configuration a. Inspect delivered hardware b. Rack Controllers and disk shelves c. Cable Controllers to disk shelves. d. Power on controllers and complete initial setup e. Configure virtual interfaces. f. Configure remote management interface (RLM or BMC) g. Upgrade controller operating system and firmware. h. Upgrade disk and disk shelf firmware i. Configure AutoSupport j. Create aggregates k. Configure SSH if required 1. Configure SSL if required m. Create VLAN tags if required n. Create NFO (negotiated failover) on Network Interfaces if required. o. Configure Network Card Negotiated failover if required. p. Install NetApp documentation on each controller 800.808.4239 I CDWG.com Exhibit A Scope of Services 2. C1FS Configuration of two CIFS shares a. Discuss CIFS best practices i. Terms (i.e. volume, share, snapshot) ii. Naming conventions iii. Volume sizing iv. Thin provisioning v. Snapshot reserve vi. Snapshot schedules vii. Shares viii. DFS benefits ix. AD Integration x. GPO Integration xi. Same ACLs as NTFS. xii. RoboCopy xiii. Review of NetApp "File Access and Protocols Management Guide" b. Customer training i. Create volumes for CIFS using FilerView ii. Configure Snapshots on CIFS volumes using FilerView ii. Create CIFS shares using FilerView iv. Create CIFS shares using Microsoft Computer Management MMC v. Create CIFS shares on folder in CIFS share using FilerView vi. Create CIFS shares on folder in CIFS share using Microsoft Computer Management MMC vii. Restore file and folders using Microsoft's previous versions tab viii. Restore an entire volume with Snaprestore using Filerview ix. Configure Antivirus backup for CIFS x. Monitor CIFS environment (cifs sessions) xi. Perform controller failovcr test xii. Using FlexClone to clone volume if FlexClone was purchased. c. Discuss backup and recovery options for CIFS i. NDMP ii. UNC 3. FTP Configuration of two shares or exports a. Discuss I.11 best practices Authentication (UNIX or AD) ii. Overriding home directory so all users start in same directory iii. Review of NetApp "File Access and Protocols Management Guide" b. Customer training Enable FTP ii. Configure /etc/cifs_homedir.cfg (if homedir override is not in use) iii. Configure homdir override iv. FTP to controller to validate connection and configuration v. Monitor FTP environment 4. iSCSI Configuration of three servers 800.808.4239 I CDWG.com Exhibit A .a;p.,on / Scope of Services a. Discuss iSCSI best practices i. Terms (i.e. volume, LUN, snapshot, iGroup) ii. Naming conventions iii. Volume sizing iv. LUN sizing v. Thin provisioning vi. Snapshot reserve vii. Snapshot schedules (disable) viii. Migrating data to new LUNs ix. Review of NetApp "Block Access Management Guide for iSCSI and FCP" b. Customer training i. Install iSCSI software initiator if required i. Install drivers and firmware for iSCSI hardware initiator if required iii. Install iSCSI host utilities iv. Install SnapDrive if purchased v. Create volumes for iSCSI LUNs vi. Configure initiator Security with CHAP using FilerView vii. Configure iSCSI connections from server to controller viii. Configure iSCSI MPIO ix. Create initiator group using SnapDrive or FilerView x. Create LUN using SnapDrive or FilerView xi. Connect LUN to server using SnapDrive or FilerView xii. Using OS utilities format LUN if SnapDrive was not purchased xiii. Monitor iSCSI environment xiv. Perform controller failover test xv. Using FlexClone to clone volume if FlexClone was purchased. c. Discuss backup and recovery i. Current backup and recovery steps do not change unless you purchased the SnapManager application 5. A-SIS Configuration of two volumes a. Discuss A-SIS best practices i. Maximum Volume sized based on controller type u. LUNs per Volume considerations iii. Deduplication at Volume level iv. Affects on performance v. Review of "NetApp A-SIS Deduplication Deployment and Implementation Guide" b. Customer training i. Enable A-SIS per volume ii. Start A-SIS on volume iii. Review space savings iv. Schedule night A-SIS scans. v. Monitor A-SIS environment 800.808.4239 I CDWG.com Exhibit A is pit„sb.0 3 , of Scope Out of Scope Any other tasks not included in this Statement of Work will be considered out -of -scope and will be billable on a time -and -materials basis. Tasks outside the statement of work include, but are not limited to: • Planning for production data migration. • Migration of production data to CIFS shares • Migration of production data to FCP or iSCSI LUNs unless SnapDrive was purchased then migration of one server for which Snap Manager was purchased is included in training. • Configuration of iSCSI LUNS to more than three servers Items to be Provided The following items will be provided to City of National City at the completion of this project. • NetApp SAN diagram Approval Criteria The approval criteria for this engagement are as follows: • NetApp controllers installed and configured • Configuration of NetApp AutoSupport • Testing of controller failover during customer training • Successful completion and delivery of deliverable • Develop City of National City staffs skill so they are familiar with o Creation of volumes o Configuration of snapshots o Creation of CIFS shares o Creation of LUN o Creation of iGroups o Mapping LUNs to iGroups and then accessing those LUNS from servers o How to ensure each host has more than one path to a LUN o Monitoring each protocol via the controllers 800.808.4239 I CDWG.com Exhibit A I ! t;q4) !_nstal. ond CA.\ City of National City Responsibilities and CDWG Assumptions City of National City Responsibilities and CDWG Assumptions Completion of the work outlined in this Statement of Work depends upon a number of responsibilities and assumptions as listed below. If you do not fulfill all of your responsibilities under this SoW in a timely manner or if any assumption is incomplete, incorrect or becomes incorrect, then: • The anticipated schedule for this project may be delayed. • Scheduled personnel may be reassigned to a different project or may become idle. CDWG will have the right to invoice you for any time CDWG's personnel had been scheduled to perform this SoW (calculated using the rates specified in the "Professional Services Fees" section below using an eight -hour day) if such personnel do not perform on those scheduled days because of your failure to fulfill all of your responsibilities or because of an incomplete or incorrect assumption. • The amount of time it takes to perform the services may increase and/or CDWG may need to perform additional or different services in order to be able to perform the services that are the subject of this SoW, in which case, CDWG will invoice you for any such additional or different time or performance (calculated using the rates specified in the "Professional Services Fees" section below in the increments specified therein). • It may be commercially unreasonable for CDWG to perform the services that are the subject of this So\WW, either in whole or in part, in which case CDWG will have the right to terminate this SoW upon notice to you. In addition to any other responsibilities described in this SoW that you may have, your obligations include (without limitation) those listed below. City of National City General Responsibilities • Together with CDWG, schedule the performance of the services. • Communicate all material project matters to CDWG's contact person. • Provide at least one qualified technical person with system administration responsibilities for the duration of the project. • Provide qualified personnel at your location (or any other location designated by you where services arc to be provided) to support your existing equipment for the duration of the project. • Provide other full-time qualified, knowledgeable personnel who will perform your obligations under this SoW, make timely decisions necessary to move performance of the services forward, participate in this project to the extent reasonably requested by CDWG and reasonably assist CDWG with its performance of the services. • Provide CDW•G's personnel with appropriate levels of access and privilege to systems and information necessary for CDWG's performance of the services. Exhibit A iv laps. nst�il CJA,WL,Tatton ry of National City Responsibilities and CDWG Assumptions • Reliable data backup procedures for data recovery in the event of data loss. • Perform other reasonable duties and tasks to facilitate CDWG's performance of the services, including (without limitation): — provide blueprints or floor plans of buildings/campus; — provide descriptions and diagrams of your existing environment; — provide business and technical specifications desired for this project; — provide the proper physical environment for all devices; and — provide proper electrical power for all devices. City of National City Technical or Project -Specific Responsibilities • Ensure the Site Readiness and Controller information sheet is completed prior to the first day scheduled day of the engagement with CDWG. The information in this document help to ensure the environment is ready. The information in this document is used during the first step "NetApp Hardware Implementation and Configuration" by CDWG staff. • Ensure a conference room or class room with overhead projector is available for customer training sessions. The customer training sessions will take up a majority of the time estimated to the project, so it is a good idea to reserve the room for thc entire day and every day after starting with thc second day of the engagement. • Ensure internal staff is present for all training sessions and is prepared to take notes. Your staff, not CDWG staff, will be completing a majority of the NetApp configuration. These hands on training sessions will help to ensure your staff can take what they learn in the training sessions and repeat those processes later. No amount of training will supplement the need to review documentation. Each training session will include a review of the NetApp documentation which has documented step by step procedures which can be followed for subsequent configuration by your staff. • Ensure access to production systems is available and approved for training sessions. In order to complete iSCSI and FCP LUN assignment to servers reboots will be necessary. If production servers cannot be rebooted during training sessions then test servers must be provided. CDW•G General Assumptions In addition to any other assumptions described in this SoW, CDWG assumes the following: • When services are performed at your location (or another location designated by you), they will be performed during normal business hours (7:OOa.m. to 6:OOp.m. local time Monday through Friday, excluding the holidays). • Some services may be performed at a location other than your location (or another location designated by you). • When services are performed at your location (or another location designated by you), you will provide adequate, co -located workspace for the engagement personnel (both CDWG's personnel and your personnel) with appropriate system access. CDWG 800.808.4239 I CDWG.con' Exhibit A NMAPPtr�sTelt s,�; rr sty �cin, t tr. C.:•!ty of National City Responsibilities and CDWG Assumptions Mach 02 Page recommends keeping these personnel separate from support teams and those performing daily operations. • You will allow CDWG to perform several interviews of stakeholders, sponsors, team members, technical staff and managers, who will be reasonably available for the time it takes to gather information. • In addition, your personnel will be available on a timely basis, and when reasonably requested by CDWG, your personnel will provide input, review the services being performed and the items provided by CDWG, answer questions, provide signoff, and allow CDWG to gather and validate information, perform reviews and obtain other input. • Your personnel will be committed to the degree necessary to successfully complete this project. • The scope and objectives of this project will be jointly managed by you and CDWG to better ensure completion of the project within the anticipated schedule. • You and CDWG will follow CDW"s Project Management Methodology for this project. • You have acquired all necessary hardware and software required to complete this project. • You will provide network connectivity, Internet access and voice access for local and long distance calls. • When services arc performed at your location (or another location designated by you), the site will be secure. CDWG is not responsible for lost or stolen equipment. Other CDWG Assumptions • Once the business and technical specifications desired for this project have been approved by your contact person and CDWG's contact person, no changes to it will be made without a valid Change Order signed by both your authorized representative and CDWG's authorized representative. • All Change Orders will be provided in a timely fashion either by U.S. Mail, e-mail, personal transfer or facsimile transmission to CDWG's contact person. • If specified in the "Description/Scope of Services" section above, initial support services related to the services that are the subject of this SoW will be available as specified in that section. CDWG will invoice you for the time CDWG performs this support, calculated using the rates specified in the "Professional Services Fees" section below (in the increments specified therein). If you do not already have a maintenance contract for any additional support services, CDWG encourages you to obtain one by contacting a CDWG account team. Those additional support services are separate from the services provided under this SoW. • The configuration of any product or other device is a service that is separate from the services provided under this SoW unless such configuration is included in the "Description/Scope of Services" section above or elsewhere in this SoW (as this SoW may be amended by one or more Change Orders). 800.808.4239 I CDWG.com Exhibit A Install 3n7i Cot, �cur;t Scheduling ;F?� t ai ::ihr' sari CDWG Technical or Project -Specific Assumptions ■ City of National City will rack mount any necessary equipment (Controllers, Disk shelves, SAN Switches, etc.) prior to CDWG's arrival. Ethernet cables, Fibre Cables and power cables will also be run prior to CDWG's arrival. • City of National City will provide all static IP addresses for the controllers and SAN switches based on the Site Readiness and Controller information document. • Project management will be the responsibility of City of National City. CDWG will work with City of National City project manager to plan the project properly. • Services will be performed at CDWG and customer locations. Project Scheduling Any dates, deadlines or schedules included in this SoW or otherwise anticipated for this project are estimates only and will be used for planning purposes only. CDWG's contact person will contact your contact person regarding scheduling matters, and together we will develop an anticipated schedule. Professional Services Fees CDWG will invoice you for the services specified in this SoW for a total fee of $12,500. This fee is broken down as follows. TABLE 1. PROJECT FEES Signed Statement of Work 50% $6,250.00 Initial Implementation 25% $3,125.00 Project Completion 25% $3,125.00 Total 100% S12,500.00 CDWG will invoice the total fee to you in phases in each case after CDWG has completed providing services related to the applicable milestones above, calculated using the corresponding applicable percentage above. If at a later time this SoW is amended (by one or more Change Orders) to include different or additional services and the fixed fee above is not also thereby amended or specifically confirmed to remain the same, then CDWG will invoice you for such different or additional services using CDWG's then -standard published rates. The fees and rates above do not apply to services not specified in this SoW (as this SoW may be amended by one or more Change Orders). CDWG would be pleased to consider addressing any additional services you may like under a separate statement of work. ! AF;) 1'ctor I or= "lf �n jn ,r,r Terms Payment Terms Exhibit A i I CJb; You will pay invoices containing amounts authorized by this SoW within 30 days of receipt. Any objections you may have to an invoice will be made to CDWG within 15 days after the date of the invoice and will be directed to CDWG's contact person. Expiration This SoW will be of no force or effect if you do not sign it and transfer the signature page, together with all other pages, to CDWG so that it is received within 30 days from the date on its cover page. If your signature arrives after expiration of that 30-day period, CDWG may nonetheless elect to countersign and perform under this SoW, but the decision to do so will be in its sole discretion, This SOW will be of no force or effect unless fully signed by both you and CDWG. This SoW may be signed in separate counterparts each of which shall be deemed an original and all of which together will be deemed to be one original. Electronic signatures of this SoW (or copies of signatures sent via electronic means) are the equivalent of a written and signed SoW. Change Orders This SoW may be modified or amended only in a writing signed by both you and CDWG (referred to in this SoW as a Change Order). A sample partial Change Order form is attached as Appendix A. To modify or amend this Statement of Work, contact your CDWG Contact Person for a Change Order form. Complete and return the form to the CDWG Contact Person. Each Change Order will be of no force or effect if you do not sign it and transfer the signature page, together with all other pages, to CDWG so that it is received within 30 days from its date. If your signature arrives after expiration of that 30-day period, CDWG may nonetheless elect to countersign and perform under that Change Order, but the decision to do so will be in its sole discretion. Whenever there is a conflict between the terms and conditions set forth in a fully signed Change Order and those set forth in this SoW or a prior fully signed Change Order, the terms and conditions of the most recent fully signed Change Order shall prevail. Change Orders are of no force or effect if they are not fully signed by both you and CDWG. Each Change Order may be signed in separate counterparts each of which shall be deemed an original and all of which together will be deemed to be one original. Electronic signatures of a Change Order (or copies of signatures sent via electronic means) are the equivalent of a written and signed Change Order. Miscellaneous and Signatures Subject to the "Expiration" section above, this SoW is effective as of: , 20 (or, if left blank, on the date that this SoW is signed by the last of the parties below to do so) (the "Effective Date"). CDWG's terms and conditions of Product Sales and Service Projects contained in the "Terms & Conditions" link at www.CDWG.com (the "Terms and Conditions") govern this SoW, unless there is an existing written agreement covering the type of services specified in this SoW (the "Agreement") 800.808.4239 ! CDWG.com Exhibit A and Signatures between the parties hereto or between you and an affiliate of CDWG, in which case, such Agreement will govern. If there is a conflict between this SoW and the Terms and Conditions or, if applicable, any Agreement, then the Terms and Conditions or the Agreement will control, except as expressly amended in this SoW by specific reference to the Terms and Conditions or the Agreement. References in the Terms and Conditions or the Agreement to a Statement of Work or a Work Order apply to this SoW. This SoW is the proprietary and confidential information of CDW •G. This SoW can be terminated by CDWG without cause upon at least 14 days' advanced written notice. Locations Receiving the Benefit of the Services Type of Service Implementation Physical Address Street: 1243 National City Blvd City: National City State & Zip: National City California 91950 In acknowledgement that the parties below have read and understood this SoW and agree to be bound by it, each party has caused this SoW to be signed and transferred by its respective authorized representative. CDWG as used in this SoW: YOU a used in this SoW: CDW Government LLC Ci of By (signature): By (signatu Name (printRira K. Barbieri Name (printc. Title (print irector, Program Sales Title (printed): Phone: 0(1J) &5 1 %O-i V Phone: Email: �'traJX)..rQ C1(1-I • C 001 Email: Date: l/ "( /6 Date: Mailing Address: Street: 230 N. Milwaukee Ave. City: Vernon Hills State & Zip: 1160061 Mailing Address: Street: City: State & Zip: Exhibit A NMApp,r;t.. rtiscc�rar.eous and Signatures Billing Contact: Street: City: State & Zip: Purchase Order ❑ A purchase order for payment under this SoW is attached. ❑ A purchase order is not required for payment under this SoW. Initials of PSM: 800.808.4239 I CDWG.com Exhibit A rst?U „r 3C N )I City - A. Sample Change Order Appendix A. Sample Change Order General Information Project Name Date of Change Request Requesting Party Urgency • Low to have but —nice will not expend resources to include. • Medium —important and if we can include it, we should. • High required and must be included. • Critical—revtiew and expedite immediately. Nature of the change. Choose all that apply. • Scope • Schedule • Budget • Performance Reason for change. Describe in detail. Description of change. Describe in detail if not already evident in reason above. Impact of not changing. Describe in detail. Assessment Is the assessment of this request authorised? ❑Yes ❑ No What is the budget for the assessment of this change request? Who is responsible for performing the assessment? List all participants. 800.808.4239 1 C[)WG.com ;,a,clix A. Sample Change Order Assessment Results Overall impact of performing the change request. • Absolutely necessary to achieve desired results. • Discretionary —provides benefits beyond the original target. • Scope reduction that will not impact original targets. • Scope reduction that will impact original targets. Impact on cost, for example in labor and equipment. Functional impact. Technical impact; for example, on performance and specific components. Impact on project schedule and resources. Recommendations Overall recommendations. Alternatives considered. Exhibit A iiiig), NetApp Customer: Qte date: May 13, 2010 Customer # Acct Mgr Rich Adams Contact: Email: Address: Phone: Phone: Prep by: Email: Email: Qty Part Number Description Unit Price Ext Price FAS2040 1 DOC-2040-C Dacuments,2040,-C $0.00 $0.00 1 DS4243-1511-24S-R5-C DSK SHLF,24x450GB,15K,3Gb SAS,IOM3,-C,R5 $31,961.03 $31,961.03 1 FAS2040-12-X298A-R5-C FAS2040,Disk Shelf,12x1.OTB SATA,-C,R5 $3,189.57 $3,189.57 2 FAS204OA-BASE-R5 FAS2040A,Act-Act,System Cantroller,R5 $1,492.20 $2,984.40 2 SW-2040A-WIN-BNDL-C Windows Bundle,SW,NetApp Select,2040A, C $10,534.74 $21,069.48 2 SW-BASE-PK-C SW,BASE Pack,-C $0.00 $0.00 4 X6536-R6-C Cable,Optical,LC/LC,5M,X,-C,R6 $63.59 $254.36 4 X6539-R6-C SFP,Optical,4.25Gb,-C,R6 $50.87 $203.48 2 X6558-R6-C Cable,SAS,QSFP-OSFP,Cu,2m,-C,R6 $52.99 $105.98 3 X6561-R6-C Cable,Ethernet,RJ45,CAT6,2m,-C,R6 $0.00 $0.00 6 X600E-R6-C Power Cable North America,-C,R6 $0.00 $0.00 1 CS-A-INST-4R SupportEdge Standard Replace 4hr,Install - 36 months $16,835.90 $16,835.90 1 CDW Professional Services $12,500.00 $12,500.00 'FA82040 SUBTOTAL ' $89,10420 terms: quotes are good for 30 days prices may change at anytime please contact your account manager for questions Grand total $89,104.20 Freight $240.00 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/OD/YYYY) 05/28/2010 PRODUCER Aon Risk Services Central, Inc, Chicago IL office 200 East Randolph Chicago IL 60601 USA PHONE•(866) 283-7122 INSURED CDW Government LLC 200 North Milwaukee Ave Vernon Hilis IL 60061 USA FAX-(847) 953-5390 TiIIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIF CA'I'E HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND 012 ALTER THE COVERAGE AFFORDED BY THE POLICIES BEI OW. INSURERS AFFORDING COVERAGE INSURER A: Travelers Property Cas co of America NAIC tl 25674 INSURER I3: INSURER C: INSURER D: INSURER E: SIR applies pe r terms and conditions of the policy Holder Identifie vTl-IE POLICIES OF INSURANCE LISPED BELOW HAVE BEEN ISSUED TO THE 1NSU ZED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW rill STANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT"t'O WHICH THIS CERTIFICATE 1E MAY 13E ISSUED OR MAY PERTAIN, T)ili INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TIib'I'ERM S, EXCLUSIONS AND CONDITIONS OP SUCH POLICIES. AGGREGATE LIMrrS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED r\ 0 co rn co ^"r 0 O c 7- c II: C. INSit urn ADM. INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MAUDDIYYYYk POLICY EXPIRATION DATI:(AI M/DDIYYYY) LIMITS A :v:RALLlnnlurY H6600252P993T1L09 10/O1/2009 10/01/2010 EACH OCCURRENCE 51,000,000 X COMMERCIAL GENERAL. LIABILITY DAMAGE TO RENTED PREMISES (En occwrcna) 51,000,000 CLAIMS MADE Li IOCCUR MED EX P(Any one person) 510,000 I'GI2SONA1. & ADV INJURY 51, 000, 000 GENERAL AGGREGATE S2,000,000 GENT. AGGEIBGATE LIMIT APPLIES PER: �'j PRODUCTS- COM POP AGG 52, 000,000 ❑ POLICY ® PRO- ECT CJ LAC A AUTOMOBILE X LIABILITY ANY AUTO BA-0239P10A-09-TEC 10/01/2009 10/01/2010 COMBINED SINGLE LIMIT (Ea'oddou0 51,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY ( Pcr pcimn) HIRED AUTOS NON OWNED AUTOS I30UlLY INJURY (Pc+ escide,u PROPERTY DAMAGE (Pot ;:ccidcn) GARAGE LIABILITY AU1'O ONLY - EA ACCIDENT — ANY AUTO OTHER THAN EA ACC AUTO ONLY AGG A EXCESS/UMBRELLA LIABILITY 7E01202220 10/01/2009 10/01/2010 EACH OCCURRENCE S5,000,000 X OCCUR ❑ CLAIMS MADE AGGREGATE 55,000,000 —_ DEDUCTIBLE RETENTION S10,000 A WOIZKERS COMPENSATION AND TR]UB281E843509 10/01/2009 10/U1/2U10 X WC STA'I'U- TORY LIMITS OTTI- PR EMPLOYERS' LI ABILITY EA_ EACH ACCIDENT 51,000,000 _ OE Ma:aa ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE -EA EMPLOYEE 51,000,000},.�_,� (Mandatory In NIT) Itycs, describe under SPECIAL PROVISIONS Wow G.L. DISEASE -POLICY LIMIT 51,000, O00 A OTIIER Mi SC Liab cvg 7E01202221 10/01/2009 10/01/2010 Edo $1,000,000-�`7 Deductible S250, 000+i'1 ,On -- ---i —1 _ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The City of National City, its elected officials, officers, agents, and employees are included as Additional insured with respect to the General Liability and Auto Liability policies where required by written contract, A9 (waiver of Subrogation is in favor of the Certificate Holder with respect to the General Liability, Auto CERTIFICATE HOLDER CANCELLATION City of National City c/o Ci ty Attorney' s office 1243 Nati onal City Blvd National City CA 91950-4301 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX P IRA ILO\ DATE THEREOF. THE ISSUING INSURER \VILL ENDEAVOR TO MAIL 3e DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE To Do IMPOSE IGATION OR ABILsry OF ANY KIND UPON "HOE IINSUR R, ITS AGENTS OR REPRESENTATIVES. AUTHOR!'I.l'>D REPRESENTATIVE Q(... x ✓eGwEncs f ",,sCtaG ✓fta Ir ACORD 25 (2009/01) ©1988-2009 ACORD CORPORA'110N. All rights reserved= The ACORD name and logo are registered marks of ACORD Attachment to ACORD Certificate for cow Government LLC The terms, conditions and provisions noted below arc hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. tNSURED cow Government LLC 200 North Milwaukee Ave vernon Hills IL 60061 USA ADDITIONAL POLICIES INSURER INSURER INSURER INSURER INSURER If a policy below does no include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. l; 1'R ADM. INSRD TYPE OF INSURANCE POLICY NUMBER POLICY DESCRIPTION POLICY EFFECTIVE DATEllA"1'ft POLICY EXPIRATION LIMITS DESCRIPI ION(IFOPERATIONS/LOCAT[ONSA' 1ICLES/EXCLUSIONS ADD1iI 13Y aNDORSEMENr/SPGC ALPROVISIONS Liability, workers Compensation, and E&0 policies where required by written contract. Certificate No : 570038978047 TRAVELERSJ WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)_01 POLICY NUMBER: (TRJUB-281K843-5-09) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE: 10-13-09 STASSIGN: RESOLUTION NO. 2010 — 109 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CDWG, INC., IN THE AMOUNT OF $89,344.20 TO DESIGN, INSTALL, AND CONFIGURE A NETWORK STORAGE INFRASTRUCTURE WHEREAS, the network storage infrastructure is the platform responsible for storage of National City computer data; and WHEREAS, the current system is approaching its maximum storage capacity and needs to be replaced; and WHEREAS, the State of California awarded a GSA contact to CDWG, Inc., to install and configure a network storage infrastructure, upon which National City can rely, thereby getting the best purchase price; and WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with the City's procurement procedures, and the City Council has made such a determination in this case. It is therefore recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the determination that the State of California's procurement procedures are in substantial compliance with the City's, and pursuant to Section 2.60.260 of the Municipal Code authorizes the waiver of the bidding process for a network storage infrastructure. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor to execute an agreement with CDWG, Inc., in the amount of $89,344.20 to design, install, and configure a network storage infrastructure. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this lst day of June, on Morrison, Mayor ATTEST: i �LL Mic ael R. Dalla,'City Clerk APPROVED AS TO FORM: George H. 1~iser, III City Attorney Passed and adopted by the Council of the City of National City, California, on June 1, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California zdtd N City Clerk of the City of jVational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-109 of the City of National City, California, passed and adopted by the Council of said City on June 1, 2010. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT cea,o\o • g3 MEETING DATE: 06-01-2010 AGENDA ITEM NO. V .TEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with CDWG Inc. in the amount of $89,344.20 to install and configure network storage infrastructure. PREPARED BY: Ron Williams DEPARTMENT: CMO PHONE: 619-336-4373 APPROVED BY: EXPLANATION: The network storage infrastructure is the platform responsible for storage of National City data(financials, email, city clerk records, permits, contracts, Network Drives(G,H,I) etc...). The current system is approaching its maximum storage capacity which will require replacement. Complexity of the current system requires outside assistance whenever technical issues arise. The proposed system would enable in-house technical support and administration through the implementation of mainstream information technology storage protocols. It is requested that Council waive the formal bidding requirements as allowed in Section 12 of Purchasing Ordinance #1480, and in Chapter 2.60.220(d) of the Municipal Code, and award the contract to CDWG Inc., for the following reasons: CDWG INC. is an authorized vendor under the WSCA/NASPO Master Agreement B27170 . City of National City is piggybacking California Participating addendum to WSCA contract B27170. 3. No further purpose would be served by issuing a formal bid at hi point in the process. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. 630-409-500-598-8002 APPROVED: Funded via IT internal services charges account ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: :ontract ao‘o- \a9 OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax June 9, 2010 Ms. Tara Barbieri CDWG, Inc. 2 Enterprise Drive, Suite 404 Shelton, CT 06484 Dear Ms. Barbieri, On June 1st, 2010, Resolution No. 2010-109 was passed and adopted by the City Council of the City of National City authorizing execution of an Agreement with CDWG, Inc. We are forwarding for your records a certified copy of the above Resolution and a fully executed original Agreement. Sincerely, Esther Clemente Deputy City Clerk Enclosures cc: MIS