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HomeMy WebLinkAbout1999-02-22 City Council (10)City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT:ADMINISTRATIVE SERVICES DATE:FEBRUARY 22, 1999 CMR:143:99 SUBJECT:APPROVAL OF AGREEMENT WITH SARCOM FOR THE ACQUISITION, INSTALLATION, AND IMPLEMENTATION OF AN ELECTRONIC MAIL SYSTEM RECOMMENDATIONS Staff recommends that Council: 1) 2) Approve and authorize the Mayor to execute the attached contract with Sarcom in the amount of $156,950 for consulting services to purchase, design and install a new electronic (e-mail) system. The City shall compensate Sarcom as an authorized reseller of Microsoft Exchange Enterprise 5.5 software, and Sarcom will compensate Microsoft for licensing requirements. Authorize the City Manager or her designee to negotiate and execute one or more change orders to the contract with Sarcom for related additional, but tmforeseen, work which may develop during the project, the total value of which shall not exceed $15,695. DISCUSSION Project Description The City of Palo Alto has, for a number of years, utilized the Hewlett-Packard Open Desk e-mail system, which processes on a Hewlett-Packard HP3000 using an MPE operating system. This system lacks many important features and functions. In addition, this system and its hardware are not Year 2000 compliant. In 1997-98, Council approved a Capital CMR:143:99 Page 1 of 3 Improvement Program project for a new e-mail system (CIP 19809) to replace the existing system. The proposed e-mail system software will have the added features of many word processing packages; will allow City staff access to e-mail from home through the Intemet; will allow for the inclusion of attachments, such as spreadsheets and memos; will provide a calendar scheduling program; will provide added security controls; and is compatible with other e- mail systems outside the City. Selection Process Staff sent a Request for Proposals (RFP) to twenty-two consulting firms. Six proposals were received; one proposal was incomplete because no recommendation for an e-mail system was made. The proposals ranged in price from $135,000 to $750,000. Those firms not responding indicated that they did not submit a proposal because the scope of the project was small. A selection advisory committee consisting of six members of the City’s Technical Advisory Group reviewed the proposals and six firms were invited to participate in oral interviews. The committee carefully reviewed each firm’s qualifications and submittal in response to the RFP relative to the following criteria: cost of the project, implementation plan, experience, product recommendation, and product stability. Sarcom was selected as the most qualified proposer on the basis of its product technology, its product installation experience, staff experience, and financial stability. The contract pricing breakdown is as follows: Software Components License for 1200 Messaging Client License for 1 Messaging Server Service Components Fixed-price consulting service Annual Maintenance Support Contingency (10%) $60,000 $ 2,000 $80,000 $14,950 $15,695 $172,645 RESOURCE IMPACT Funds for this project are included in CIP Project Number 19809. Annual maintenance in the estimated amount of $30,000 will be included in the Information Technology operating budget in subsequent years. CMR:143:99 Page 2 of 3 ENVIRONMENTAL REVIEW These services do not constitute a project for the purposes of the California Environmental Quality Act. ATTACHMENT Attachment A: Agreement PREPARED BY: Napone Phommachakr, Manager, Information Technology Support DEPARTMENT HEAD APPROVAL: CITY MANAGER APPROVAL: Assistant City Manager CC:N/A CMR:143:99 Page 3 of 3 THIS AGP~MENT. iS made and entered into on the m day of 1999, by and between the CITY OF PAL0 ALTO, a chartered municipal corporation of the state of california .(.’city"), and SARCOM, INC., an ohio corporation, with offices at 150 Baypointe Parkway, San Jose, CA 95134, Tax ID Number 31-1052674 ("Seller"). A. City desires to purchase certain computer software and associated service, as well aS extended service; and B. Seller- has submitted a proposal in response to City’s ~eques~ for Proposal (RFP) #109164, and ~eprese~s that it is an authorized resel~er of the computer software z~quested hy City, a~d can supply both s0f~ware and ex~ended service that will meet City’s objectives. NOW, THEREFORE, in consideration Of their mutual covenants, the parties hereto agree as follows: THE 9~0DUCT City shall purchase from Seller ce~taln shrinkwrapped computer softwaTe (the ~Software") ,and support services as described in Exhibit "A" which is attached h~reto and made a part of this A~reement. The ter~ ~Sof~ware" as used in this ASreem~nt shall mean the software as configured and ins~alled om each applicable City cow, purer or component. The parties aoknowled~e and a~ree tha~ as a purchaser of the Software, City will acquire a software license, and standard warranties from the manufacturer of the Software, Microsoft, in accordance with the manufacturer, s provisions that accompany the Software. Seller will handle all shlppin~, handling and installation of £he Softwire as described in Exhibit ~A," ~d shall coordinate with City as to the schedule of delivery so as to caus~ the least possible disruption to City’s operations. W ~ MP T~ 3.1 City shall pay to Seller for the Product a total amount not. ~o exceed One Hundred F~fty-Six Thousand Seven Hundred Twenty and no/100 Dollars (S156,7S0), which shall includ~ for the Software; $80,000 for Seller’s initial services; and 1 Compensation shall include all travel and expenses incurred by Sell~r under this A~reement. City shall pay applicable sales ~nd use taxes. City, at its option, may also enter into agreements with Seller for extended software support. 3.2 Compensation shall be payable to Seller within thirty days from the date of an invoice, The payment schedule shal! be as follows: Software: Fu!l payment shall be made prior to commencement of Services. Initial services: Fifty percent (S6%) shall be payable upon execution of the contract; the r~maining fifty percent (50%) sh8ll be palrable upon City’s acceptance of the Software. Annual extended Services~ The annual fee shall be payable prior to the commencement of services. SECTION_4.INSTA~LATIONANDACCEPTANCE 4.1 Implementation Schedule,The impl~mentation schedule is set foxth in Exhibit ~A~. The project manager and the Seller’s representative will a~ree in writing on th~ actual project schedule. ~f an installation date otherwise agreed to hy ~he partie~ ~annot be met, Seller shall give at least seven (7) days notice prior thereto, unless Selle~ does not know that a delay will occur, in which case, Seller shall ~ivenozice to City immediately upon obtaining such~nowledge, of the existe~c~ of such delay, and of the proposed actual performance date. Upon receipt of such no~ice and provided the delay is not caused by City, City may counter-notify Sell~r tha~unless such delay is cured and scheduled in~tallation made within fifteen(IS) days after such counter notice, City may ~xerc~se the options afforded it as described in Subsection 4.3 below. 4.2’ Acceptance T~st. The ~arti~s agree that acceptance of the Software shall be a demonstration, to’ the City’s satisfaction, that the Software as conf±~ured and installed performs in accordance wi~h its published specifications, and able ~o perform subs~antially the function for which it is i~tended (the ~Acceptance Criteria"). Said demonstration shall be completed within thirty (30) days of installation, 4.3 Acceptance or Rejection. Acceptanc~ shall not occur until th~ Software has adequately passed the ~cceptance t~st set forth in the preceding subsection 4.~ and Ci~y has Eeceived all o~ th~ dellverables associated with this purchase. City shall notify Seller in writing immediately upon completion of the ~inal software acceptance test. The pay~en~ associated with software acceptamce due from City will be du~ and payable as set ~orth in Section 3 upon satisfactory coni~letion of the acceptance test and receipt of all deliverables. If Seller fails to provide Software within.the time lines set fo~h in this Agreement or if the Software does not function in a manner tha~ meets the Acceptance test. City shall have the option, upon notice to Seller, to: a. Permit the acceptance phase Zor installation o£ the Software on an individual computer or component to be extended for such petted a~ agreed upon by City in wzitin£; or b. Accept ~he installed Software on those computers which pass the acceptance criteria and require Seller to correct the remaining portions, in which event City shall not be liable for any payments for such remaining portions until they have passed the acceptance tests; or c. Pursue such remedies as may be available to city at law or in equity. Acceptsmce of the Software by the citywill not release Seller the requirements of co~zecting installation or configuration ’defects in accordance with ~he terms of the warranties andmaintenance requirements set forth herein. 5.I Seller warrants that it is an authorizmd reselle~ ~£, and has the .right to sell and service the computer Software described in Exhibit 5.2 Seller warrants~ (a) that Se!ler is authorized ~opass throush to the city the manufacturmr,s warranty; (b) that Seller will provide on-slte service during the.warrant~ period, inaccordance with Exhibit ~A~; and (c) t~at it wall provide on-szte extended warranty service follawing the expiration of the original warranty. S.3l Seller shall supply City with T~nufacturer supplied information indicating the Softwar~ will be year 2000 compliant. Except as expressly provided in a written a~reemen£ si~ned by an authorized official of Seller, no services provided by Seller are intended to address or in ~ny way to lessen or eliminate the risk of errors in Year 2000 Processing, and Seller expressly disclaims any responsibility to inves~isate, identify or isolate poten~±al Year 2000 Processin~ problems or related issues within a customer organization. If, ~n performing services for a customer, Seller identi~ies Year 2000 Processing problems or related issues as an incidental i~%rt of those services, Seller will exer~ its Seed faith ~fforts to notify the customer of the identified Year 2000 Proc~ssin~ problem or related issue, but assumes ~o obligation ~o correct or to otherwise address any such identified Year 20G0 Processihg problem or related issues. 3 AS a compUter reseller, Seller cannot provide a guarantee of Year 2000 compliance or specific Year 2000 warranties for third-party product~ purchased or licensed through Seller. Manufacturer warranties f~r products sold or licensed through Seller are set forth in end user license a~eements and manufacturer warranty statements, and are 8olely those of the mamufactu=e~. SELLER DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, CONCER~ING.THE READINESS OR ABILITY OF ANY AND ALL GOODS (INCLUDING WITHOUT LIMITATION COMPUTER SOFTWARE AND HARDWARE) PURCHASED OR LICENSEDFROM OR THROUGH SELLER TO CONDUCT PROPER YEaR 2000 PROCESSING OR TO OTHERWISE ACCURATELY ~ROCRSS DATE/TIME INPORMATION BEFORE, DURING OR AFTER THE YEAR ~000. SELLER’S SERVICES ARE PROVIDED ~AS IS" WITHOUT WARRANTY OF ANY AS TO PERFORMANCE OR RESULT OR OTHERWISE. SELL~ EXP~SSLY DISCLAIMS, AND THE CUSTOMER HEREBY EXPRESSLY WAIVES, ANY AND ALL WAItKA!/TTES, DUTIES AND OBLIGATIONS IMPLIED IN LAW, INCLUDING WARRANTIES OF MERCHANTABIL~TYAND FITNESS FOR A PARTICULAR PURPOSE. The City will conside~ the Software to be year 2000 c~pli~nt if it provides fault free perforn%~uce in processing date and date r~lated da~a (including, but no~ limited to, calculating, co~paring and sequencing), individually and in c~mbination, upon installation or use. "Fault free" includes the manipulation of this data with dates prior to, nhrough, and beyond January i, ~0~ (includin~ leap year calculations), and shall be transparent to the user. S.4 Seller warrants tha~ its personnel assigned to function duri~ the ~erm of this.A~reement shall be qualified to perform Seller’s support obligations under this A~reement. All personnel (and any substitutes therefor) assigned ~o the performance of this A~reement shall be subject ~o approval of the City. PerSonn~l whose conduct is incompetent, inefficient, or o~herwise unsatisfactory to the City shall be replaced forthwith upo~ request. 5.5 EXCEPT AS SET FORTH ABOVE, NO OTHER WARRANTIES, WH~THER EXPRESS OR IMPLIED, ~NCLI~3ING, WITHOI7~ LIMITATION, T~ IMPLIED WARRANTIES OF MR~CHANTABILITYAND FITNESS FOR A PARTICt~ PURPOSE, ARE }&~DE BY SELLER. IN NO EVENT WILL SELLER BE LIABLE TO CITY OR ANY OTHER PAR~Y ~OR ANY LOSS, INCLUDING TIME, MONEY, GOODWILL AND CO~SEQU~NT~AL DAMAGES, WHICEMAYARISE ~ROM THE USE, OPERATION OR MODIFICATION OF THE COMPUTERS. S.6 ~otwiths~anding the fore~olng limitations, Seller shall he responsible for damages to personal injury, including death, or tangible proper~y damage due to Seller’s negllgenca, in accordance wi~h the p~ovisions of Section 8. SECTION 6. TERM ¯his Agreement shall commence on the "date of its execution by City. The delivery and installation of the Software shall be completed in accordance wi~h the schedule set foTth in Section ~. The warr~ntymalntanance services shall be ~or one 4 ! following test acceptance. City at its option may agree to additional terms of one year for extended maintenance services, commencing with City’s payment of the appropriate fee for each year. 7.1 This Agreement ~ay be ~erminated by either party upon thirty (30) days’ prior written notice if the other par~y has materially breached the provisions of this Agreement and has not cured such breach within such notice period. 7.2 This Agreement may also be terminated by City in accordance with the provisions cf Section 4. 7.3 Upom termination, either pa~ty may pursue such remedies at law or in equity as may be available to Seller agrees to protect, indemnify, defend and hold harmless City, its Council members, office~s, employees and agents f~omanyamd all demands, claims, or liability for injury or death of any person, or property damage caused by or arisin~ out of the negligent acts or willful misconduct of Sell,r, ~ts o£fice~s,. agents, subcontractors or employees in the performance of its obligations under this A~reement, othe~ ~han injury, death or damage arising from the content or~operation of the Software. 9.1 Seller, at i~s sole cost and expense, shall obtain and maintain, in ~ull force a~d effect during ~he te~m of this Agreement, the insurance coverage described in Exhibit "B", insuring not only Seller, but also, with the exception of workers’ compensation, e~ploy~r~s liability, and professional liability insurance., naming City as an additional insured concerning Seller’s performance under this A~reement. 9.2. Al! insurance coverage ~equir~d hereunder will b~provided through carriers with Best,8 Key RaDmn~ Guide ratings of A:v~ o~ higher which are admitted to transact insurance business in the State of California. Any and all contractors of Seller retained to perform Services u~der ~his Agreement will obtain and maintain, in full ~orce and effect during the ter~ ~f this Agreement, identical insurance coverage, naming City as a~ additional insured under such pol~ci~s as required above. 9.3 Certificates of such insurance shall be filed with City concurrently with the execution of this Agreement. The certificates will be subject to the approval of City’s risk manager and will contain a~ endorsement stating that the insurance is primary coverage and will not be canceled or altered by the insure~ except after filing with city’s City Clerk thirty (30) days, prior written notice of ~uch cancellation or alteration, and that the City of Palm Alto is named as an additional insured except in policies of wormers’ compensation, employer’s liability, and professional liability insurance. Current certificates of such insuramcewill be kept on file at all times during the tez~o£ this Agreement with the City Clerk. 9.4 The procuring of such required policy mr policies ofinsurance will not be construed to limit Seller’s .liability hereunder nor to fulfill the indemnification p~ovisions of this A~reement. No~wlthstand~ng the policy or policies of insuramce, Seller will be obligated for the full and total amount of damage, injury, or loss caused by or directly arising as a result ok the Services per£~rmed under this Agreement, including such damag4, injury, or loss arising after the Agreement is terminated or the term has expired. 9.5 Seller, by executing this A~reement, certifies thatit is aware of the provisions of ~he Labor Code of the State of California which require every employer to be insured against liability for workers, compensation or to undertake self-lnsurance in accordance with ~he provisions of that Cod~, and certifies that it will" comply wi~h such provisions, as applicable, before commencing the performance of the Se~vlc~s. Seller shall not assign or s~bcontract the services to be provided by it under this Agreement, ~nd ~o assignment of this A~reement or subcontractin~ of ~he services to be p~o~ided under this AcJreement Or any risht or interes~ therein by Seller shall beeffective, wi=hout the prior written consent by Ci:y of such assignment or subcmntract, which consent will not be unreasonably withheld. Th£ performance of the Agreement by seller is of the essence of the Agreement. Xn the event of any assignment or subcontract, .Seller shall remain primarily liable for all of its oblisations under t~is Agreement. N~ waiver of any breauh o~any term o~ condition of this Agreement shall be construed to walv~ any subsequent b~each of the same or any other term or condition of this Agreement. 12. CON~!CT 0P ,INTEREST i~.i In acceptins this Agreement, Seller covenantsthat it presently has no interest, and will not acquire any interest, direct or indirect, financiml o~ otherwise, which would conflict in amy manner or degree w~h ~he performance of the Services. 12.2 Seller ~urther covenants that, in theperformance of this Agreement, it will not employ any contractor or person having such an interest. Seller certifies that no person who has or will have any financial interest under this Agreement iS an officer or employee of City; ~his provisionwill be interpreted in accordance with the appllc~ble provisions of ~he Palo Alto Municipal Code and the Government code of the S~ate of California. 13.1 AS set forth in the Palo Alto Municipal code, no discrimination will be made in the employment of any person under this Agreement because of the age, race, color, national origin, ancestry, rellgi~n, disability, sexual preference or gender of that person. ~f the value of this A~reement is, o~may be, Thousand Dollars ($S,QG0) or more, Seller agrees to meet all . requirements of the Palo Alto Municipal Code pertaining to nondiscrimination in employment, including completing the requisite form furnished by City and s~t forth in Exhibit 13.~Seller agrees that each a~ree~ent for services with an independent provider will con~ain a provision substantially as follows: "[Name of Provider] will provide Seller with a uertiflc~te stating that [Mame o£ Provider] is currently in complianc~ with all Federal and Stat~ of California laws covering nondiscrimination ~ employment; and that ~Name of Provider] w~ll not discrimiz~ate in the employment, of any person under this agreement because o~ ~he age, race, color, national origin, ancestral, religion, disability, sexua! preference or sender Of suchperson." 13.3 If smller is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of Federal law or executive order in ~he performance of thlsAgrsemen~, ~it will be in default of this Agreement. Ther~u~Dn, City will have the power to ¯ cancel o~ suspend ~his Agreement, in whole or in par~, or tc deduct the sum ~of Twenty-five Dollars ($2S) ~cr each person for eachcalendar day during which such p~rson was s~bject~d to acts of discrimination., as damages for breach of a~reement, or both. Only a ~inding of the State of California ~air ~mployment Practices Commission or the equivalen~ federal agency c~ officer will constitute evidence of a breach of this Agr~mment. 13.4 ~f Seller is in default of thenondiscrim~natlon provisions of this Agreement, Seller will be found in material breach of this A~reement. Thereupon, City will have the power to cancel or suspend this A~reement, in whole or in p~rt, or to deduct from ~heamount payable to S£iier the sum of Two Hundred Fifty Dollars ($250) ~or each calendar day durin~ which Seller is nDt im compliance with this provision as damages for breach oZ agreement, or both. i The parties will exmrcise every~easonable effort tom, st their respective obligations hereunder, but either party shall be excused from the performance of any of its covenants or agreements hereunder and such party’s nonperformance shall not be a default or grounds for termination of this Agreement for any period to the extent that such party is prevented, hindered or delayed for any periodnot in ~xcess of ~hirty (30) days frog performing any of its covemants or agreements, in whole or in part, as a result of an act of God, war, civil d~s~urbance, court order, labor dispute or other cause beyond that party’s r~asonable control,, includins without limitation,~ any denial of access to the C~fiy’s facilities. The parties hereby agree ~o use their reasonable efforts to_remedy the effect caused by the occurrence of the event giving rise ~o a party’~ nonperformance o~ its covenants or ~reements under this section, The parties agree to provide prompt no~ice ts the other party to the extent that either party is relying on the previsions of this Section for ~ts failure to perform any of its covenants cr agreements hereunder. IS.l.The parties acknowledge that in the course of performing the responsibilities under thisA~reem~n~, they ~achmay be exposed to or acquire information that ~s proprietary to or confidential to the other par~y or its affiliated companies or their clients. Any and all infoz~ation of one party in any form obtained by the other party or its employees, agents or ~epresentatives in the performance, of ~his .Agreement shall be d~emed to be confidential and proprietary information of such party. The parties agree to hold such information in strict confidence and not to copy, reproduce, sell, assign, license, market, transfer, give or otherwise di~close s~ch information to third parties or ~o u~e such ~nformati0n for any purposes whatsoever, witho~ the express written permission of~the o~her party, other than for ~he provision Of services under this Agreement. The parties agree ~o advise each of their employees, agents, -~nd representatives oZ their obligations to keep such information confidential. All such confidential and proprietary information described herein and any deliverable provided hereunder, in whatever fol~n, are hereinafter collec~ively re~erred to as "Confidential Information.,, The ~arties shall use their reasonable efforts to assist each othe~ in identifying and preventing any unautho~ized use or disclosure of any Confidential Information. Without limitation of the foregoing, ~he parties shall use reasonable efforts to advise each other immediately in the event ~hat either l~arns or has reason to believe ~hat any p~rson who has had access to Canfidential ~nfox~ation has violated or intends to violate the terms of this Agreement, and will .reasonably coopera~e in seekln~ relief against any such person. IS.2 Notwithstanding the obligations set forth in S~ction IS.l, the co~fidentialltyobligations of the parties shall not extend to information ~hat~ is, as of ~he time of its disclosure, or thereafter becomes part of the public domain ~hro~gh a source other than receiving par~y; was known to the recelvin~ ~ar~y as of the time o~ its disclosure; or is independently developed by ~he rece±ving party; or is subsequently l~arned ~rom a third p~rty not under a confidentiality obl~ation ~o th~ providing party~ or is required to be disclosed p~rsuant to ccu~t orde~ or Sovermmen~ ~hereupon ~he receivln~ party shall provide notice tc the other party prior to such disclosure. ~ECTIONI6. NOTICES All notices hereunder will be ~iven in writin~ and mailed, postage prepaid, by certified mail, addressed as follows: To City:Office of the City Clerk City of Palo Alto Post Office Box I~250 Palo Al~o, CA 94305 TO Seller~At the address shown on page I 17.1 Seller represents and warra!1~s that it has knowledge of the requirements of the Americans with Disabilities Act of 1990, and the Goveznment Code and ~he Kealth and SaZety Code of the S~ate of California, relatins to access to ~ublic buil@ingsand accommodations for disabled persons, aDd relatlnS to facillties for disabled persons. Seller will comply with advice that compliance with such provisions will be effected in the performance of this Agreement. 17.2 This A~reement will be governed by the laws of the State of California, excluding its conflicts of law. 17,3 In the event ~hat an action is brought, the parties agree that trial of such action will be vested excl~sively in the state courts of California or in the l~nited States District Court for ~he. Nor=hern District of California in the County of Santa Clara, State of California~ 17.4 The prevailing party in any action brought to enforce the provisions of this Agreemen~may recover ~ts reasonable costs and attorneys~ fees ~xpended in connection with ~hat action. 17.5 Zf a court of competent jurisdiction finds orrules that any provision of this AcJreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments Zhe~eto will remain in full force and effect. 17.6 All exhiDits referred to in this Agreement and any addend~, appendices, attachments, and schedules which, from time to time, may be referred to in any duly executed amendment 9 hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 17.7 This A~reement may b~ executed in any number of counterparts, each of which will be an original, but all of which together will constitute one and. the same imstrument. 17.8 This document repzesents the entire and integrated, agreement ~etween the parties and supersedes all prior negotiations~ representations, and contracts, either written or oral. If City is required to sign an order form or other preprinted document from Seller, the parties understand and agree- that to the extent of any conflict between such other form or document and this document, this document shall prevail. This document may be amended only by a written instrument, which is signed by the parties. IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives ~xeouted this Contract on the date first above written. ATTEST~ City Clerk M~yor APPROVRD AS TO FORM~ Senior Asst. Ci~y’Atto~ney APPROVED~ Assistant City Manager Director of Administrate Services SARCOM, ZNC. Taxpayer Identification No. 31-i052~74 "Attachments : EX}~ZBIT "A" ; EXHIBIT "B" : EXHiBiT "C" : require~ i~ t~ en~y ~n whose ~h~ contraut Is ~i~ned i~ ,a resolu~i~ a~es~i~ ho ~ Si~to~ Scope of Work ~nsurance Requirements Nondiscrimination Compliance Form, I0 ~ub!.ic in ~ for ~aid ~pun~y, ~d Skate, personally appeared ’~nt~A,_~Ju~ ~ ~ .~.~, perso~lly ~o~ to me or proved~0 meson the bas~s of sa~sf~£o~ ~vldence to be the p~rson(s) whose na~(s) ks/are s~scribad to the within ins~m~t andacknowledged to me that he!she/they executed the same in hisihez/their auth0riz=d cagacity(ies), ~nd that by his/her/th~ix sisnature(s) on thm inst~ment the p~rson(s), ur the en~ity uponbehalf of which the person(s) acted, exerted the inst~ment. WITNES~~my hand and official seal. 21 STATE OF ,~F~J ) a NotaryCounty add State, personally appeared y known tome or proved evidenue to be the pers0n(s)whose name(s) is/a~e subscribed to the within instrumen~ end acknowledse~ to me that h~/sh~/they executed the same inhis/her/thelr authorized capac~ty(~es), and that by his/her/~heir signature(s) on the instrument the pers0n(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~and official seal, i~ignature of go~ar~ Public ~ 99~2L~ ~II m032089 Exhibit A !.~0 Beypolnte Parkv~, Phone: (408) 433.221! 1.0 Objectives The City of Palo A~ has identified requirements for a new messaging system in its Request For Proposal #109164. Several of the required messaging system functions and features are tisted below: Robust enterprise eleotmnic massagfng, calendadrlg and scheduling se~vfces. Browser based clients that facilitate messaging system access by the Intranet kiosk community, as well as aecess for remote internet t®le-commute users. Electronic forms support (i.e, forms generation and forms routing) Reporting capabilities allowing administration and mordtodng of incoming and outbound messages. Messaging client software compatibility with Windows g5 and NT Wod~station. Special Note regarding requested Scope of Work Changes: The following items represent two SOW change requests made by the City of Palo Alto. To be EXCLUDED~frf om the oriq!~.a~ S(~: ~, Integration of Directory Services, between the City’s NT environment, proposed messaging platform and Lawson Human Resources system. To be INCLUD_~D in_the revised SOW: =Integration of MS Exchange and the City of Pafo Afro’s heJp desk software (Remedy). 2~0 .Project Task Plan The following Task Plan is proposed to accomplish the stated project objectives: 2.1 Phase I -Analysis and PlannFng Phase Before beginning a full-scale Exchange migration/deployment project, SARCOM recommends a Pre-Deployment Assessment/Planning pro}set phase be performed to develop a general framework for the migration project and advise The City of Pak~ Alto on all of the issues involved in a successful deployment. The intent of th~s phase is to outline the scope, level-of-effort and most appropriate prolect approach for the production deployment of Exchange within the Ci~ of PaJo Alto, The Final Report to be delivered at the completion of this project will serve as the template for The City of Palo Aito’s pmdu~ion migration project. Task 2.1.1 Preliminary R_e_s~_arch !Analysis To make the most effective use of the on.site consulting componen~ of this project, SARCOM w~ll review all available materials and begin their analysis of the City of Pale Alto computing environment and messaging plans prior to the on-site component of this project. Activities planned prior to arriving on-site at the CRy of Pale Alto include, but are not limited to: @ Review of any ayailable documentation on the cun’ent and/or planned enterprise- computing environment within the City of Pate Alto. Review of curren, tly Installed appliaations software 0.e., including versions). Review of any materials related to end-user support and training policies and procedures within The City of Pale Alto. Network diagrams, office location and connectivity bandwidth. Preparation of materials necessary to facilitate discussions with The City of Pale Alto (Le., meeting outlines, lists of issues for discussion, etc.) Deliverable: None: (working notes) Task 2.1.2 On-Site Research & Analysis To gather the inforrr~tion necessaw to assist The City of Pale Alto in developing a preliminary strategy Ibr their messaging deployment, SARCOM will spend a total of 4-5 days on=site as a part of this project. During this time SARCOM will, through a series of meetings, one-on-or~e discussions, and other activities, gather the information necessary to develop a prelimin.ary Exchange migration strategy for The City of Pale Alto. At this time, the follo~ving activities are planned: Meet with the Ci~ of Pale Alto Project Manager for this effort to refine the planlagenda for the en-.=lte portion of this project and coordinate logistics. A Series o~ general working meetings with Information Systems staff to discuss the various aspect~ of the planned migration to Exchange. Develop a preliminary migration project timeline that refle~s the City of Pale Alto requirements as ~vell as the realities of th~ deployment process. A ser~es of individual working meetings with Information Systems s~ff to discuss various spech<i~; migration topics. Topics to be dis~Jssed include networking architecture, desktop application software amhite~ture, administration and management, training, and help desk/support. Evaluate existing security systero (I.e. firewall) and recommend appropriate configuration mo.dificattons or necessary upgrades. Meetings wi~ the City of Polo Alto management to discuss the potenlial impact, of the proposed Exchange migration. Every attempt will be made to structure the scheduled on.site consulting time to make maximum use o~the allotted time. However, the nature of this assignment will dictate certain degree of flexibility to allow the inform=ion gathering and analysis processes to adapt as we gain a better understanding of the City of Polo Alto’s computing environment and requirements as they relate to Exchange. Deliverable: None (working notes only) Task 2.1.3 Develop Final Report After the completion of the on-site tasking (Task 2,1.2), SARCQM will complete its analysis of all information gathered and prepare a final wdtten report summarizing our findings and recommendatior~s related to the City of Polo Alto’s migration to Exchange. This report will include: Summary of the City of Palo Alto computing environment with an assessment of its suitability to support Exchange, A discussion of potential proje= obstacles 0.e., incompatible software, hardware upgrades, etc.) including potential and recommended solutions. A recommended preliminary project plan for the production migration effort. A preliminary project timelina that represents a realistic and attainable plan, Key project milestoned will also be identified. A summary of the technical and functional deci~lon~ related to the overall architecture of Messaging within the City of Polo Alto that must be addressed in the Design Phase of the production migration project. Provide advice and guidance on proven migration strategies and techniques. Preliminary recommendations regarding deployment methodologies (e,g., automated deploymentsJ, training and suppod strategies, A preliminary assessment of~he level-of-effort of the production migration. Deliverable:Final Report, which will provide a high.level summary of the proposed migration to Exchange Including recommendations on the overall project approach best suited to The City of Palo Alto needs and current environment. Note: SARCOM wilt re~,eme two to three hours of the projec~ budget to paRi~ipate in a conferen~’e call with The C#y of Polo A#o staff to discuss the Final Report. Du/in~ t,~Js conference call or on=site meeting, to be scheduled after The C~y or’Polo Alto has h~d sufficient ~’me to review the report,, we w#1 answer any que~tion~ and/or provMa clarification of any parts of the Final Report. 2.2 Phase II- Validation and Testing Phase The validation and testing phase consists of field-testing o~ the decisions and detailed migration plan defined in Phase I. Validation is performed by preparation and execu~on of 2 (or more) pilot projects. This phase is s critical componellt of the overal! migration methodology as it serves to validate and even IF~ne-tune the design analysis. Two or more pilot sit~s will be identified and ini~ally oonfigured to test and validate items such as the following: Co-existence of Exchange within the City of Pale Alto’s networ~ infrastructure. Identify poten~ar project obstacles and advise The City of Pale Alto on possibte solutions. This includes the issue of possible incompatible application software. Validate migration of existing small IDa and message stores to Exchange. Test and validate client software configurations. ¯Validate connectivity via Jntranet kiosk(s). Validate Web access connectivity to Exchange fi’om remote Interest Service Provider lISP) account(s), Gather re.spor~a time metrics a~ross network segments. Deliverable: After the completion of the pilot sites, SARCOM wil! comp~e its analysis of al! information gathered and prepare a written report summarizing our findings. Any and all "lessons leamed" in the execution of the above pilot tasks will be clearly stated and deliberately included in the subsequent implementation phase. Note: The pilot phase may be an iterative process. 2.3 Phase t11- Imp/ernentation Preparation Phase Based on the initial analysis, planning and piloting, this phase ~onsists of the final preparation steps necessary to prepare for the formal Exchange rollout. It is important NOT to overlook this phase during the migration process. This is the key link between the planning/preparation stages and the actual production implementation. Proper execution of this phase ensures that the investment in preparation and planning is correctly executed in the field. The folk~wing items are typical ~mponents of this phase: ~, Meet with appropriate City of Pale Alto !S staff and determine deployment schedule (i.e. by office location). Develop migration implementation "cookbook" procedures, checklists and guid=s. Prepare deployment scripts, client configuration checklists, etc. Determine necessary SARCOM and City of Pale Alto resources required for the set deployment schedule. Train deployment team(s) in the use of the methodology processes and cookbook. Prepare and communicate plans, schedules, and impacts to end-user commurdty~ appropriately setting migration expectations and informing them as well of the deployment schedule. Identify and prepare any necessary basic end-user guidelines or basic training materials. 2.4 Phase IV- Implementation Please This phase consists of the actual production rollout of Exchange. There are typically two common approaches to messaging migrations: the phased approach and the "shotgun" approach. ~ARCOM recommends that the phased approach (typicatly office-by-office or department-by-department) be followed for the City of Pale Alto’s messaging migration. A#hough the phased approach typically requires more time than the shotgun approach, the phased approach bet~r lends itself to deployments involving multiple locations. The phased approach may also be performed as a series of parallel processes to expedite the migration. As each location’s messaging system is migrated, lesson’s learned are continually incorporated into each subsequent migration. This process of leveraging collected feedback toward continuous improvement is a critical ingredient of ,~ARCOM’s migration methodology as it greatly enhances the overall migration efficlencles of the project. The City of Pale Alto has requested that Sarcom formally participate in the migration of 2 locations. City of Pale Alto staff will perform 111e remaining branch or department migrations, and Sarcom engineers will be available for remote support of these remaining migrations if necessary, Deliverable(s): Migration summary reports, in memo format, for each location migrated. 2,5 Phase V- On-Going support Post migration support is the final phase in SARCOM’s messaging migration methodology. It is absolutely essential that support resources be provisioned for several days ~ollowing each migrated City of Pale Alto location. Depending on the size of the location, post migration support can range ir~ time from I to 5 days. Post migration support servioss typically oonsist of answering basic application usage questions such as: "How do ! create a personal message signature?" or "How do I reserve a conference room?" Deliverable(el): Post migration support summary documer~t(s) for each location migrated. 3,0 Project Schedule The City of Pale Alto has indicated that it is expecting a January 1999 project start date, and that the project is expected to be completed in a 6,month tlmeframe or less. Pending confirmation of the overall project assumptions, included below, SARCOM proposes the following tentative project schedule: Phase I (Analysis and Planning~ Pro=Site Visit Research Delivery of Phase I Report March 1999 March 1999 Pha~It (Validation and Teeing) Pilot in~atlation(s) and te~ting Delivery of Phase II Report April 1999 Apdl ! 999 Phase III (Implementation Preparation) F’ina[ preparation meeting=;April 1999 Delivery of Phase III Report April 1999 Phase IV (Implementation) 8its-by-site deployments May 1999- July 1999 Delivery of Phase IV Report(s)May 1999 -July 1999 Phase V (On-Going Operations) Post migration =upport May 1999 - July 1999 Delivery of Phase V Report May lg99 -July !999 Notes: This schedule is an example of the timeframes e~mated for each of the migration phases, The actual project schedule would ~ mutually determined and accepted by SARCOM and the City or" Pal0 Alto Project Lead. 4.0 Project Cost Estimate 4.1 General The City of Palo Alto has requested Fixed Pricing instead of Time and Materials pricing. Samom has a strong desire to partner w~ the City of Palo Alto and presents the following aggressively discounted pdcing: 4,2 Project C~st Estimate 4.2. I Services:. Total expected cost for services is described below. Preliminary Phase - Pre-deployment assessment Phase I -Analysis and Planning Phase Phase II -Testing and Validation Phase -Phase III - Implementation Preparation Phase Phase IV - Implementation Phase Phase V - On.Going support Phase Tarsi Pro~ect Service Costs:$80,000 4.2.4, Sotfvvare: ,~RCOM recommends the following sof~am be deployed: t) Exchange Server Enterprise Edition v5.5. Each server will also require NT Server v4.0. 2) 1200 Exchange Server client a(~ess licenses. 4._2_.5 Hardwa.re; The herdware platform must be robust enough to support the city’s user base of approximately 1200 usem. There are hvo hardware platforms that are good applicams f~r the job, the HP NstServer LXr and the HP NetServer LPr. Both mar, hines have sufficient processing ~apabiliJy to support the current user base, but the I.Xr offer~ significantly greater upgradeability and expansion options to maximize ~he City of Polo Alto’s investment into the future. ~ARCOM is recommending that the City of Polo Alto deploy a NetSenzet LXr because it has the following features not available with the LPr: Redundant Hot-Swap Cooling Systems: redundant fans provide for fault tolerance, in case of a fan failure an alarm will sound and the fan oan be replaced before the server overheats. In=Box Upgrade to 8-way lntel Pentium II Zeon processors, (The LPr has a maximum of 2 processors,) ~,HP has a 99.g% uptime com~tment for the HP NetServer LXr Three hot swap redundant power supplies Memory expendability up to 8GB of RAM. ~1"11e LPr has a maximum of 1GB ~ memory) o Preinstalled HP TopTools remote control Card, allowing out of band administration. SARCOM recommends the following configuration for the NetServer LY,,r: Two 450 MHZ Intel Pentium II Zeon processors with 2rnb cache per processor 1 ~3b of Error Correcting RAM TWO HP DS013A 10/100 "IX PC I NIC8 One HP NetRaid-3Si Disk Array Controller with 16MB of ram One NetServer Rack StoragP_J8 external disk subsystem Two 4GB 7,200 RPM LVD hot-swap ddves for the system and log partitions Five 9GB "t 0,000 RPM LVD hot-swap drives for ’~he exchange data store With this platform there wil! be enough processing power to support approximately 4000 users and enough storage space for approximately 2000 users. This server can be upgraded on an as needed basis to support up to !6,~00 users. Project Assumptions The following assumptions have been made in support of this proposal and its associated cost estimate: The City of Palo Alto will designate a Project Manager ~:o serve as a central point of contact for the SARCOM project team. This individual will be responsible for facilitating all communications between SARCOM and The City of Polo The City of Palo Alto will provide SARCOM with all requested mater)sis prior to the on-site component (tasking) of this project at least 3 business days prior to the on- site work. The City of Palo Alto will make every effort to make staff and other resources available to the SARCOM project team as required to fa~il(tate this project. Integration of Exchange and the Lawson HR system will be excluded from the scope of this proje~, and perhaps later performed as a separate project, 8ARCOM will treat al! irrformation and materials provided by The City of Palo Alto as confidential, If necessary, SARCOM is willing to execute an appropriate non- disclosure agreement. 6.0 Payment ,Chanae ManagementThis is a fixed fee quote for the completion of the above seNi(:es. Additional tasks outside the Scope of Work of this pro.lect wilJ be defined, documented arid mutuaJly agreed upon by SARCOM =and The City of Palo Alto prior to startir~g ar~y new a~dv~y.Suoh documentation of the task(s) to be performed will then become an amendment to this agreement. Work performs! on these task(s) will be billed as stated, Special Considerations DelayYWeit Time - If prior to or during the course of our inventory, v~ are delayed in starting or unable to continue once started as a result of another oontractor’s work oran unforeseen circumstance we will notify The City of Palo Alto. Additlo_n_ al Work- Any additional work or engagement changes requested by The City of Palo Alto outside the scope of’work described in this proposal will be completed on a Time plus Materials and Expenses basis, This includes, but is n=limited to, new product runs or new r®searcl~ initiated by The City of Palo Alto. Payment Terms 1. 50% of services total paid upon signing of contract or letter of intent. 2. Balance due upon complationof services per this statement of work. 3. All products will be Invoiced upon delivery. Acc~eDtance.and Inte .n_t to Pro ,ce,ed City o_f_P_.alo Alto Name: ~tl.e: Electronic Messaging Suppor~ Services Proposal for City of Pale Alto P./11/99 T~e CNMA ~s provided on a p~.pedd fbred fee basis. Under this agreement, Sarco~ ,~11 r~spot~ ~ moat network support requJremeats, thus pemdtting Custt~er to budBet rapport cost~ with ee~utinty. ~ ~e ~ ~ppo~ )~ ~d wc will m~ ~e~ ~ m ~atch one of~e ~si~ned ~g~e~, ~e ~i~ed ~ wfl[ have p~ ~sp~s~ ~r ~e ~-g~ s~ o~yo~ ~ Three l~vels of support have been defined: Standard, Premitmi and Misskm Crlti©al, Below is a ~ ~o~ of~e ~i~s Included Service Options Critical Complaints S~ppm~c ~five Me,tenants Visits Sta~da~! X Premium X X X X On-site Disaster R~overy V~ue of ~duc~ C~ ~d~ed ~n ~T~ N~r of~i~ T~ N~r of ~ Annual Table I X 99,000 ¯ ’I ],~9 ~1:~ ,P~ City ~f Palo Alto Service Descriptions: T~e follow~n~ 8re ~escdpt-ions of available network support services. Ityou have ~kmfiftcd s need for r~lared services not detailed below, we will be l~4y! to discuss thc~e req~tkemmts with you. Critical Cempoaents Pare arid labor to replace or repair defective components covered under the CNMA (Appeadix 1: T~ble of Covm’ed Components) end widdn 50 miles of the Samom offices. Best effo~t response co be provided within four (4) business hours ot i~it~d call. The fM~wing items are typically considered c~ifical components: File Servers, ]3~ive SubsystemS, GateWays, I-Iubx, l~Louters, CSU/DSUS, Br~ges, Network inze~e¢ Cards On Servers & Gatewe~)0 Modems (atta~ed to servers), Backup Systems and Sof~are, Application Servers, and base Network Operating System Software (e~clodiug appliers), AvaflabfliW;The f~ll~wing lo~er equipment or omparable will be provided at no additional ~e in the vve~t that equipment ~vvexed undvr a mainl~anee agreement cannot be repaired oe-s~re or w~th~ t’~ (2) business ~tys offl~ iailial call: File Server - Penlium PCI, w/NIC, 40B liD, 64MB RAM Hub - 12-Port 10BT Hub~ Non-managed Tape Backup - Extra.a14GB 4ram DAT Drive Modems- 28.8 Kbps External Fax Modem (Qty.-2) HP Veetra VL/4 ISA w/NIC~ 1.2GB HD, 32ME: RAM Preventive Maintenance Visits:Sarcam Engineers wR1 ¢ondn~ regularly scheduled preventive nla~-nrenanee visits. These visits can take place at me,tidy (12 visits per year) or quarrerb! (4 equipment and provide a written summsry of findings and ~c~mmenda~s, These me.intenance procedure~ wiB be non.invoLve ~o ~ on-go~rtg operations ofthe network snd will be performed during normal business bo~rs, All work c,]i~t services will be ~empleted during noa-bu~ines~ hours. Unlimited Telephone Support:A Sarcom telephone supt~r~ contr~ provides ~ted telephone suppo~ for up to two (2) &siCnstrd client contacts during normal business hours (24 hours a day for Mi~on ,~’itical contracts), Th~s ser~ce ~s ~ a~ ~pplie~ions help desk or an ~d-user ~pport line. Iz iS ]ntex~d to provide trained LAN Administrators ~ece~s m m~lmieal resouroes. Ceils will be returned by a technical support engineer no more than one ho~ ai~ initial contact (calls will be ~eru~ed wltbin 30 minu~s f~ Mission Critical comracts). a~lable in ~ pub~ d~n. S~m ~ill a!~o pmv~e ~on, S~ ~ p~vi~, ~t ~ i~11, any acn-.~ s~l~ mi~d to ~ isis that e~ be ~ssed On.~4e Di~s’~r n~ork opmming system mid available dale in the event ofa Cala~tropliie hmiwave or soitv~are fliililre, With this ul~iw~lg~, Sarimlii will la’ovidetee~aical services i’or re,,insmllation of file Ncb,~ork Operating Sy~ml OS de~tm!~etl ia the Installfiti~m Servi~e~ secti~ai of the oiigintil pivotal, ~ weli as re~toraiion of all applicati~ mid dtita as uaiIable on eustmiler siipldied baclol~. Sianda~d i~me time i~ olie (1) tmsitie, day frem initial llotific~ioil, Extended 1-Iours Support;Strctnn offer~ telephone a~d on-site Services 24 hours ~ ~ng ~ ~ p~, you ~ provided well ~ a ~ ~ ~ f~ ,cala~. Yo~ may p~ce ~ ~ at ~y ~e on ~y day ~ y~ ~l ~dvo ¯ ~ b~ by (30) min~s, If~ ~ e~e~ ill be disp~hed ~-si~ wi~ fo~ Provides ne~t business day availability ~pere part~ ~ s~tis~ ~ ~ ~i~iV cfcov~ ~d~, In mcs~ c~es, ~e sp~ p~ will be i~ ~e~ ~e ~t in~ ~ ~d~ C~ ~n~ fee~ ~d must be ]gxtended Co!’erittle:Ai~ exte~ion el’this ~ontract may be pme.~h~,ea for yeael tWo and thix~. The see~e.~ initi~illy purebred will remain tim smite for tlxe e.ovemtt years. This option must be pur~ased at the time lt~at the first ye~of coverage is soM. Oily of Palo Afro Contract Administration Services: 5al~om h~ ~ pool of qualified network system ~dmini~trato~s who can assist ¢Iient~ in ~ managemem o~ thdr networks, The~e servlce~ ~-~ available for both tempo~ry project assist~ce and Icing term systems mm~mem eontra~ts, TEe fi~]low~g is a list ofsupported products ~md technologies with ~zew ]~oducts beg added co~imlally: Network Clje~lt OS:~30S~ O5/2, M~ OS, Windowsg5, Windows for WorkG~ups, Windows NT Protocols:[PX/SPX, TCP/IP, SNA, DECN~ LAT, PPP, AppleTalk Topologies:Et]~mer: Token Ring, I~DDI, ATM, Leased Lines, l~n~ Rday, ISDN H~rdware Conf.:~SA0 ISA, l~l, SB~s, ~sh’C~fi~m’ation E-marl Systems:Novel] Gro~pWbe, Microsoft ~’xchange, Lores cc:Mail, Lotus Notes Netwc~k Se~-~ity:]qrewatls Crls G~mt]m~ ~]~m- ~glo, En~on~ Authentication,’NAT (Cisco PIX, 11.2~ Virtual Pdvam Netwarks MicromR Offi~, other appEcafion~ tzpon approval Please ask your Sarcom A~com~t Rvprcsenmtive about ~ese or other con~et s~viccs requlrc~ents. C~ of P~1o Alto mumaIly beneficial partnership. Annual Cautra~: $14,950 This is a fixed-fee quo~e for the support s~cioes identified in Table I above A listing ofth~ ~uipment being covered under this ~ontr~ must be a~vhed l~,ym e~t Terms 100 % o~" on~l; to~J ]!~d prim" ~o s’~rt ~ ser~es. _A_c_c_e~n~_ ce end Intent to P~eed L"ustemer Name: Standard Time and Materials Service Rates: Our standm’d time and m~als mt~ for scheduled services dur~g normal business trouts are as follows: ResourceLevel Hourly Re~e Norma! on-site response time is within ~ (~) b~iness days oftkv baRitd call the following conditions ~pply to ~he ,ta~dard r~es: Add 50% for emerg~m~y calls (response required within four Add 50% fi~r 0ff-hours Work Add 100% for off’-lmurs emergeacy r~tmse Four (4) ]~our minimum cZerse for on-site scaleduled Otto.quarter ham- minimum for telephone t~lmical m~ppo~t Four (4) hour minimum for off-hours or ~ncrgeucy work Travel time ~s billed at the p~ rate Generally, fees are. charged b~e~ on tke resource required for the requested fimcticm. Our clieme m~ always welcome to request the ser~ces o~a epecific System Engineer. ~ such circumstance, tho reqttosted engineer will bill st his/her prev~ling rate~ regardless o~’thv fire,don requested, Responsibilities of Customer.. City of Palo ~to Ple~se no~e ~hat ~he folIowi~ defines r~s~o~si~JJi~ ofC~s~omer, Ur~s ctl~L~ noted, below should b~ ac~mplish~d prior to the s~tcdulec! n~work impl~’neBt~on. 1) 3) 6) 7) ~) £nsu~ t~t r~n~tior~ed and regu]s~d AC p~wer e~ims for ~11 network o~ne~ts on ~ uninterrupted basis (unless $arcom has pressed a power SOlUtiOn). Ensure ~tit cab]in~ is inst~lled and t~r~’~onal (ifnot provided by ~e Ssrc~a ~bling contractor.) The ~m~(m~lity of~]~ cable shouM be tiocum~ted t~rough ~ ..abling schematic, £m~v ~t yvtt have all ~quircA patch ~d drop sables (~less provided by Ssrc.orn), Verify the installation end ~ct~ent~ticn of e.~y WAN or modem circuit~ (if not ¢oordi~lBd by E~sure that a f~cflonLng ~ape b~k-up sy~r~ is awLl~ble ~r in P]~e (i£ifs not provided by Sart~om), and that a fuO bazk:up has bc~n nmdv in vv~ ofth~ t~vo days before the implementatltm d~ ~sme the~: rcbmlerly szheduled tape b~’~kup pro~dures are followed and ~atme baakt~jobs are petictiically verified a~l all e~tin~ PGs are accessible and conf’t~ure~ al~rOpriawly f~r th~ intended ose aed ~. Sar~r~City of Pale AI~ Standard Terms and Conditions: Samom ,d~l! mat be liable for any spe~ia~ ~n~identa], indkect~ or ~onsequential dam~e~ o~ for the bas~ of profit~ revenue, or data. The role remedies ~ our liability of arty ki~ with raspe~ to the products or s~rvices provided by Sarcom shall not exceed the total charges paid for those products or services, Smvom resv~ve~ the right to ~e sub~tru:tors to fulfill o= obtlg~oes trader this agreemem. Sarcom centractor~ will be ~ed only with the prior approval of C~to~er. Customer wig identify m~ ernpl~ee Who will serve as primary point of cortta=~ wkh Sex, ore persormcl in authorizing and scheduling wc~k, Failure to make timely payments for produ=ts w su~ices dellve~ed under this propo=al snspetmion of all servive~ up~m a thirty (’30) day written noti~e by Customer warnmts and represents ~ it ~ a ~id so~ licmse f~ e~h ~lic=ien ~ ~mer d~ Sar~ ~pl~e~ ~ ~l eith~ on ~di~d~ w~~ or on a ~ ~ ~W~d may ~ for ~o~d ~pli~fion ofm~ that C~m~ dire~d S~ If the attached proposal~ along with its terms and ~onditions, meets with the approval of Customer, pleasv sign as ~equcst~i ~nder "Acceptance" and return to Sarcom. The signed proposal along with the ~reed upon deposh shall ~onstitJte a~ceptance of this proposal ar~ will be our authorization to pro=eed wi~ your proj~t, Sarvvm is net responsible for modifications m~ie by Customer to the S~vom symm cvnfi~ra~ion during iasta]]=tion or eY~er accept~t~e of the project. Any trouble shooting servLces req~dred as a result ofcUent modifications will be ~nvoi~ed ~ standard hourly rates. Appendix A - Covered Equipment" Ci~ Of Palo AI~ See attached ha~ware & software quotes. 150 Baypo~rr~ P~rloN~y, b-~n Jose, CA ~15~34 phone 408.433,22t~ F~x 40B.433.~726 Company: Address: BILL TO: Napone Phommachakr City o~ Polo ~ 250 Hardlton Ave., 2nd Floor Palo Alt~ CA {650) 617310~ 943O3 , Company: Address: Phor~ : FaX: SHIP TO: l~a~one ’Phornmadlakr C,y ~>f Pal~ Alto 250 Hamilton Avs., 2nd Fl~r Polo ~CA (SS0) 329-239S (SSO) S~ 7-S~ O~ .... Shipping ’~ I PO#, ’l Oelive "’’PriCe .........’o Exl~ns ¯ ..,N.o eTA , X6on 450 Proc~sor w/2 MB EGG Caohe HP 1 GB DIMM KR HP 101100,TX PC! NIG HP NsfR~ID 38i ontroller w/16 MB Cache |HP Rack ~Ito~’age 18 HP 4,2 GB LVD Ho~ swap 7.,?.K RPM HDD HP 9,1 GB LVD Hol: Swap 1DK RPM HDD No ETA ok No ETA o~ HP 15"i13.7"V Monitor ok HPSupportP, a~,k 3-Year, On-~Itel 4-Hour 7x2~ I~-’~onse *Price valid for 30 days, does not include shippin~ ’~h=rges, if applicable. ** Prod,~t cannot be relumed once opened unless DoA and returned within 15 days df purchase TOTAL s~Les T~x (s.~s%)I ~,e TOTAL, tNvEsT~...NT ! . ~in 15 da~ ~pu~ase ~;4,707.~ $61 ,TE~.E2 PART III ,FORM.410 PROJECT TITLE: ACQUISITION, INSTALLATION, AND [MPLEMENTATI, ON OF A MESSAGING SYSTEM ~_e~l_fi_Cation of Nondlscrtmlnati!~/l: As suppliers of goods or se~ces to the City of Palo Alto, the tirrn and individuals listed below ~er~ ~at they do nol~ dis~t~rninate,fn empk~yrnen~ with rr.gards to age, race, c~lor, religion, sex, national origin, ancestry, disability, D~ s~xuat preference; tha~ they are in ~ompfiance with all Federal, Stal~ and Io~al directives and exe~uL~ve o~ders regarding nondiscrimination ir~ ~mplo~rnent. RFP NO. 109164 -PA !11 Page 10 of 1