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HomeMy WebLinkAboutContract 35511 CITY SECRETAIjy ' CONTRACT NO. Dell Marketing L.P. One Dell Way, MS 8707 Round Rock, Texas 78682 June 18, 2007 City of Fort Worth Steven Vandever Via email: Steven.Vandever@fortworthgov.org RE: Letter Agreement("Agreement") Dear Mr.Vandever: This Letter Agreement is between Dell Marketing L.P., ("Dell") and the City of Fort Worth ("COFW"), effective as of the date by Dell ("Effective Date"). Dell and COFW (each a "Party," and collectively, the "Parties") agree as follows: Both Parties agree to the following revisions to the Gold Enterprise Support Agreement: 1. Software Troubleshooting, page 4,third paragraph, revised as follows: To be eligible for Collaborative Support, Customer must have the appropriate active support agreements and entitlement with the respective third party vendor. Once isolated and reported,the third party vendor provides technical problem support and resolution for Customer's problem. DELL WILL NOT BE RESPONSIBLE FOR ANY CLAIMS OR ISSUES RELATED TO,OR GENERATED BY THIRD PARTY PRODUCTS OR SERVICES. 2. Whole Unit Replacement, Pages 6-7, third sentence, revised as follows: If Customer does not relinquish the defective unit to the Dell technician as required above, or if(in the event the replacement unit was not delivered in person by a Dell technician)the defective unit is not returned within ten (10)days, subject to applicable law, Customer agrees to pay Dell for replacement unit upon receipt of invoice. 3. Support Limitations, page 7, revised as follows: Dell is not liable for any failure or delay in performance due to any cause reasonably beyond its control. Service extends only to uses for which the Gold Support System was designed. 4. Cancellation, page 8, last paragraph, deleted in its entirety: 5. Dell Services Letter of Understanding, Section 7, page 8, revised as follows: Dell is pleased to provide the services in accordance with this Letter of Understanding including the terms and conditions of the Dell Gold Enterprise Support Agreement attached hereto, and applicable provisions of the State of Texas Department of Information Resources Contract No. DIR-SDD-192, which are incorporated herein by reference. Page 1 of 10 The individuals signing below represent that each is authorized to sign on behalf of their respective party, and to bind said party to the terms hereof. AGREED: City of Fort Worth ACCEPTED: Dell Marketing L.P Si na Si nature: Name Karen L . Montgomery Name LJY ( let Title: Title: Public Contracts Manager Date: 6 21 0 7 Date: 2Qs d Telephone: 817-392-6222 Telephone: 512 723-0016 Fax: 817—3 9 2—61 3 4 Fax: 877 248-3734 APPROVED AS TO r-vn�,nf� " "4t1 LEGALITY: ASSISTANT CITY ATTORN Y t0, , P- IOS(ea ALAzvJ 4I1` iO-- Attested By- starty Hendrix Citv Secretary t,lvti � Ur i:O Page 2 of 10 Attachment A DeH�Services Service Description: G• u Enterprise Support Service Overview Dell is pleased to provide Gold Enterprise Support('Gold Support° or the`Services'), formerly known as Gold Premier Enterprise Support Services or Gold PESS, for select server and storage systems in accordance with this document(the"Service Dewiption'). Gold Service includes: • Direct telephone access 24 hours/day, 7 dtey&ANeek, including holidays, to Dell's global Enterprise Expert Center staffed by senior-level analysts for expedited troubleshooting of hardware and software issues. • On-Site dispatch of service technician and/or warranty parts to Customer's business location (as necessary and according to level of service purchased)for repairs and resolution necessary due to a defect in materials or workmanship on the Gold Supported System. • Crisis and dispatch management via a global network of Enterprise Command Centers to help provide real-time tracking to route parts and dispatch expert technicians to the Customer's location. • Critical situation process and emergency dispatch in parallel with troubleshooting for critical situations (as necessary and according to level of service purchased. • Ability for Customer to determine own severity level for incidents based on impact to its business,and Customer receives support corresponding to designated levels. • Technical Account Manager('TAM")incident management and escalation. • Case Management to help track resolution and escalation of issues. • Access to register for key e-mail notifications, including software and firmware changes through Dell Technical Update. Supported System: Gold Enterprise Support is available on select Dell PowerEdge^', PowerVauBTM, PowerConnect"', and Dell I EMC Storage Systems"'which are in a standard configuration (the 'Supported System`). The Gold Supported System covered under this Service Description is identified on Cusbmer's Dell invoice. A separate Gold Support contract must be purchased by Customer for each Supported System Each Supported System will be tagged with a serial number(the'Service Tag'). Gold§Mpood Does N4t Induclee • Accessories, supply items, operating supplies, peripherals or parts such as batteries, frames, and covers. • Media replacement for software Dell no longer ships with new systems. • Media replacement on non-Dell branded/manufactured software(i.e. Microsoft Office) • Hardware or software support for Customer Factory Integration CCFr)products. • Hardware or software support for non-Dell peripherals. • Preventive maintenance. • Installation,de-installation,or relocation services. • Direct third party product support (Gold Support includes "Collaborative Support," see Support Procedures below.) • Repairs necessitated by software problems, or as a result of alteration, adjustment, or repair by anyone other than Dell(or its authorized representatives). • Support for equipment damaged by misuse, accident, abuse of Supported System or components (such as,but not limited to, use of Incorrect line voltages,use of incorrect fuses, use of incompatible devices or accessories,improper or insufficient ventilation, or failure to follow operating instructions), modification, unsuitable physical or operating environment, improper maintenance by Customer (or Customer's agent), moving the Supported System, removal or alteration of equipment or parts identification labels,or failure caused by a product for which Dell is not responsible. • Support for damage resulting from an act of God such as, but not limited to, lightning, flooding, tornado,earttquakes,and hurricanes- Gold Erderprrse support v 2.2 Pegs 1 are &24-06 Page 3 of 10 • Any activities or services riot expressly described in this Service Description. Please read this Service Description carefully and note that Dell reserves the right to change or modify any of the terms and conditions set forth in this Service Description at any time,and to determine whether and when any such charges apply to both existing and future Customers. Support Procedures Contactinc Dell For Service Low-Urgency Support Requests: For issues not requiring urgent response,Customer may submit a service request online through the Gold Enterprise Support Service website for the appropriate region: • U.S.A.and Canada—hh�://PremierSumort.dell.com/ • Latin America—http://support.la.dell.com/ Alternatively,Customer may also send an email request for service to the address listed below: • U.S.A.and Carte—Lm me imidents"N.00m • Latin America—LA Enterorise(ci)dell com High Priority Support Requests: Dell will use commercially reasonable efforts to keep Gold telephone support available 7 dayshveek,24 hours/day,365 days a year—including holidays. Before Customer contacts Del,have the following information available: • Service Tag number and/or case number. • Severity level of the problem See Table below for more information. • Supported System's invoice and serial numbers. • Model and model numbers of the system. • Current version of the operating system. • Brand names and models of any peripheral devices(such as a modem)being used;and • Description of the problem and any troubleshooting steps Customer has already taken. Severity Cond Uon Csd Response Customer Rd• 1 Comptate loss of erilal Emergency dispatch In parallel Provide 240 allocallon d business 11notion, with Immediate phone appropriate staftescurces in requiring Immediate troubleshooting:quick TAM support.Sits senior resPcnso Intervention. management informed and engMed- 2 High invact,but i naudisie phone Pra ke approprhte staff and Imminent workaround or troubleshooting:TAM resources;to sud* resolution available. intervention within 90 minutes continuous communication 24x7 resource ekxsfion of eorbtac.PwWabor dispatch and work efforts.Ste senior not evelebie to support aftr phone troubleshooting. management Informed and Del response. engaged 3 Minimal business impact Troubleshooting by prone, Provide paint-cr-contact partsaabor dispatched after information for case and phone troublesm cotlng.and respond to Del requests wig case status as mutusry 24 hours. aaras& Cuslanrr Racine CW A,support 8trpport coordinated by TAM. Provide paid-af caktaat Service owkiuMing,or proiaol idom @6m for case and Request oriented requests respond to Dal N*muwmn 24 hours 2. Call for Assistance • For high-priority support requests,call Gold Enterprise Support's toll free number:14X*- 946-DELL(3356). Call from a location which includes physical access to the system if needed during phone-based troubleshooting. Gold Enterprise support v 2.2 Page 2 of 8 8.24-06 Page 4 of 10 e Provide the Service Tag number and other inliormation as requested to the analyst. Analyst will verify support level and any expiration of Services. 3. Assist with Phone-based Troubleshooting • When requested, identify error messages received and when they occur;what activities preceded the error message; and what steps Customer has already taken to solve the problem. • Analyst will go through a series of troubleshooting steps to help diagnose the issue. • If an orb-site dispatch is necessary, the analyst will provide Customer with additional instructions. On-Site Support On-trite response options vary depending on the type of service purchased;Customer's invoice indicates Customer's type or on-site response. Provided all applicable terms and conditions set forth in this Service Description have been fulfilled, Deli will dispatch a swvioe technician to the Customer's business location (Indicated on Customers invoice or Customer's applicable separately signed agreement with Dell) as necessary pursuant to the applicable on-arte response table below: a of On-Site On-site Response Time Restrictions/Special Terms ReV"W 2-Hour On-Site Technician usually arrives on-sft ' e Available 7 dayst eek,24 hoursiday-including holidays. Response with 8- within 2 hours after completion of . Available within defined 2 hour response locations Hour Repair Service phone-based troubleshooting and . Select Dell Powe repairs the hardware within 6 rEdge and PovmrVault models only. hours of dispatch, a Emergency dispatch in parallel with troubleshooting available for Severity Level 1(see bebv). 4-Hour On-Sde Technician usually arrives on-site . Available 7 days/week,24 hoursiday including holidays Service within 4 hours after completion of . Available within defined 4 hour response locations. phone-besed troubleshooting. a Available on select Dell PowerEdge,PowerConnect, DWVEMC and PowerVault models • Emergency dispatch in parallel with troubleshooting available for Severity Level 1 (aes bolowrl B-Hour On-Site Technician usually arrives on-site . Available 7 days/week,24 hourslday including holidays. Service within 8 hours after completion of a Available within defined 8 hour response locations. phone-based troubleshooting. - Available on select Dell I EMC Storage products. Next Business Day Following phone-based a Available 5 dayw*vek,10 hoursiday-exo/udiM holidays. On-Site Response troubleshooting,a technician can . Limited to locations beyond 4 hour beyo response locations. Service usually be dispatched to arrive on- . Calks received by Dell EEC after 5:00 PM local Customer site the next business day. time(Monday-Friday)and/or dispatches made after that time may require an additional business day for service technician to arrive at Customers location. e Select Deli PowerEdge and PowerVault models only. Outside Continental Following phone-based • Limited to Dell-approved OCONUS customers. United States troubleshooting,parts can be . Ava'ability limited to select systems and locations. See COCONUSJ dispatched. On-site arrival times vv,r,w dell comffed/international for details. Customers will depend on location and pert . Federal customers should consult OC.ONUS Service availability. Locations in Customer's applicable separately signed agreement with Dell. Emergency Dispatch for Severity Level 1 issues: Systems with Gold 2-hour or Gold 4-hour on-site response service will have an on-site service technician dispatched, if necessary, in parallel with phone-based troubleshooting. Following completion of problem determination the analyst will determine If the issue requires parts to be dispatched. Critical or Severity Level 1 issues are defined as a complete loss of a core organizational or business process in which work Gold Enterprise Support v 2.2 Pegs 3 or a 8-24-os Page 5 of 10 cannot reasonably continue,and requires Customer to provide appropriate staff and resources to sustain continuous 7 x 24 communications and work effort. For all other severity levels and on-site response service options: Following completion of remote troubleshooting and problem determination,the analyst will determine if the issue requires an on-site service technician and/or parts to be dispatched or if the issue can be resolved remotely over the phone. Missed Service Visit. If Customer or Customer's authorized representative is not at the location when the service techncian arrives, the service technician cannot service the Supported System. The service technician will leave a card to let Customer know he or she was there. If this occurs, Customer may be charged an additional charge for a follow-up service call. Software Troubleshootinq Gold Support includes software troubleshooting with Collaborative Support for select applications, operating systems, and firmware on Supported Systems(the"Covered Software Products")over the telephone, or by transmission of software and other information through electronic means, or by shipping software and/or other information to Customer. Covered Software Products include core operating systems (Microsoft®, Novell® or Red Hat®), core DeIIJEMC software (such as Navisphere®Manager, Access Logic'`A, Navisphere Agent and PowerPath(M), and key software applications_ Collaborative Support If a problem arises with certain third party products commonly utilized in conjunction with Customer's Supported System, Dell will provide a single point of contact, as set forth herein, until problems are isolated and escalated to the third party product vendor. Specifically. Dell will contact the third party vendor and create a problem incident on behalf of Customer, providing the necessary problem documentation. Once a vendor is engaged, Dell will monitor the problem resolution process and obtain status and resolution plans from the vendor until the vendor resolves the problem by either providing a resolution, steps towards a resolution, workaround, configuration changes,or escalation of a bug report. Upon the Customer's request, Dell will initiate management escalation procedures within Dell and/or the vendor organization. To be eligible for Collaborative Support, Customer must have the appropriate active support agreements and entitlement with the respective third party vendor. Once isolated and reported, the third party vendor provides technical problem support and resolution for Customer's problem. DELL WILL NOT BE RESPONSIBLE FOR THE PERFORMANCE OF OTHER VENDORS' PRODUCTS OR SERVICES. Customer agrees to Indemnify and hold Dell harmless for any claims related to those third party products and services. View Covered Software Products and current Collaborative Support partners at httpl/www.dell.com/EnterpriseSupport/. Please note that Covered Software Products may change at any time without notice to Customers. Software Troubleshootina Does Not Include: • Any product version not currently supported by the manufacturer,vendor or partner, • Configuration, installation or optimization assistance, • Any on-site service; • Remote or on-site training assistance; • Remote administration of Dell systems; • Scripting, programming,database design/implementation or Web development;or • Recompiled kernels. Limits on Software Troubleshooting Service. Dell does not warrant that any particular question will be resolved or that the Covered Software Product will produce any particular result. Situations giving rise to Customer's questions must be reproducible on a single system(i.e.. one central processing unit with its workstation and other peripherals). Dell may conclude that a Gold Enterprise SLpport v 2.2 Page 4 of 8 8-24-06 Page 6 of 10 question is sufficiently complex or that Customer's Supported System is of a nature that precludes effective analysis of the question through telephone discussions. Customer understands and accepts that Dell may be unable to resolve questions of this sort,and Customer understands and accepts that Customer will have to make independent arrangements for resolution of such questions. Dell I EMC Core Software Updates Gold Support includes the following software updates for core Dell I EMC software such as Navisphere P Manager, Access LogbcTM. Navisphere Agent, and PowerPath® (for the service period indicated on the invoice): • Patches and Bug Fixes-minor changes made by EMC to the applicable Enterprise Storage Software for purposes of maintaining operating system compatibility and/or database compatibility, and any error corrections,workarounds and/or patches needed to maintain conformance to the documentation for the applicable Enterprise Storage Software); • All new versions or releases of the applicable Enterprise Storage Software generally made available by EMC at no additional charge to other licensees for Enterprise Storage Software that is covered by an EMC warranty or under an annual maintenance contract between EMC and the licensee. These generally consist of releases that contain patches and bug fixes,changes that reflect an expansion or extension of existing features, and changes that include substantial new features, functions or capabilities. May require additional purchase. Dell I EMC Core Software Updates may require the purchase of a separate Deli On-site Installation or Dell I EMC Maintenance Service as directed by Dell in order to keep the Support System(s)eligible for Gold Support. Renewal. Customer may be entitled to renew for additional periods and/or purchase additional Dell I EMC Core Software Updates depending on the available options then in effect and in accordance with Dell's then-current rates,terms and conditions by submitting a purchase order to Dell. Dell may change its rates,terms,and conditions for providing support at ary,time. The fees for renewing Dell I EMC Core Software Updates are listed here: Dell ) EMC Gold Enterprise Support Renewal Rates: hftpJ/www.deltcom/downloads/global/servioWcon_RmTiersGold ex-A.pdF Optional Services This Service Description addresses standard Gold Support, but certain optional services may also be ordered w1h Gold Support for additional fees ("Optional Services"). Consult http://www.dell.com/service contracts and/or Dell sales representative or TAM for additional information on these services. Optional Services include: • Dell/EMC Maintenance Service - periodic health checks and software updates for Customer's SAN system, as well as phone-based assistance for installation and configuration of select SAN components. • Customer Owned OnSlte Spare Parts—several customized plans enabling a Customer to plan and manage its own inventory of spare parts at its own location; may include recommended spares lists ("RSLs") and assistance with parts management. Customers ordering optional Customer On-Site Spares Kit, agree to provide a safe and secure location for all parts, spares, equipment or materials which Dell places at Customer's site. Customer is responsible for buying any necessary spare parts and for warehousing, planning, ordering, and inventory for any necessary spare parts. • OnSlte Technical Account Manager - dedicated, highly skilled Dell TAM works on-site at Customer's location to provide high-level support by identifying areas for improving availability and on-site management of critical situations. • OnSlte Engineer- dedicated, highly skilled Dell-certified engineer works on-site at Customer's location, providing insight into Customer-specific environment with specialized knowledge of Dell processes and technology. Gold Enterprise Support v 2.2 Page 5 of 8 B-24-06 Page 7 of 10 • Security Clearance for On-Site Support-supports security clearance requirements for on-site response technicians. • On-Site Troubleshooting-Master Dell-certified system expert travels to Customer's location to help troubleshoot issues versus phone-based troubleshooting. • Keep Your Hard Drive-Customer entitled to retain failed hard drive(s)being replaced under the Dell Limited Warranty. • Enterprise Assistance—phone-based assistance with configuration, installation or optimization questions. Important Additional Information Customer Responsibilities: • SaftwarelDats Backup. R is the Customer's responsibility to complete a backup of all existing data,software,and programs on Supported Systems prior to Dell performing any Services. DELL WILL NOT BE RESPONSIBLE FOR LOSS OF OR RECOVERY OF DATA, PROGRAMS,OR LOSS OF USE OF SYSTEM(S)OR NETWORK. • Authority to Grant Access.Customer represents and warrants that it has obtained permission for both Customer and Dell to access and use the Supported System, the data on it, and all hardware and software components included in it, for the purpose of providing these Services. If Customer does not already have that permission, it is Customer's responsibility to obtain it, at Customer's expense,before Customer asks Dell to perform these Services. • Cooperate with Phone Analyst and On-Site Technician. Customer agrees to cooperate with and follow the instructions given by Dell phone analyst and its on-site technicians. Experience shows that most system problems and errors can be corrected over the phone as a result of close cooperation between the user and the analyst or technician. Listen carefully to the analyst or technician and follow their suggestions. • Supported Releases. Customer must maintain software and Supported System(s) at Dell- specified minimum release levels or configurations as specified on PowerLink for DeIVEMC Storage or as specified on www.support.dell.com for PowerEdge, PowerEdge SC, PowerConnect and PowerVault systems. Customer must ensure installation of remedial replacement parts, patches, software updates or subsequent releases as directed by Dell in order to keep the Support Systems)eligible for Gold Support. • Third Party Warranties. These Services may require Dell to access hardware or software that is not manufactured by Dell Some manufacturers'warranties may become void if Dell or anyone else other than the manufacturer works on the hardware or software. It is Customer's responsibility to ensure that Dell's performance of Services will not affect such warranties or, if it does, that the effect will be acceptable to Customer. DELL DOES NOT TAKE RESPONSIBILITY FOR THIRD PARTY WARRANTIES OR FOR ANY EFFECT THAT THE DELL SERVICES MAY HAVE ON THOSE WARRANTIES. • On-Site Obligations. Where Services require on-site performance, Customer must provide free, safe and sufficient access to Customer's facilities and the Supported System(s). Sufficient access includes ample working space, electricity, and a local telephone line A monitor or display,a mouse(or pointing device),and keyboard must also be provided(at NO cost to Dell), if the system does not already include these items. Cisco. Dell has contracted with Cisco Systems, Inc. and is utilizing Cisco technical resources in delivering ongoing support for select Cisco products as part of Dell's overall services solution. Assignment Dell may assign these Services and/or Service Description to qualified third party service providers. Whole Unit Replacement. If the analyst determines that the component of the defective Supported System is one that is easily disconnected and reconnected(such as a keyboard or monitor),or if the analyst determines that the Supported System is one that should be replaced as a whole unit, Dell reserves the right to send Customer a whole replacement unit. If a Dell technician delivers a replacement unit to Customer, Customer must relinquish the defective System or component thereof to the Dell technician, Gold Enterprise Support v 2.2 Page 6 of 6 6-24-05 Page 8 of 10 unless Customer has purchased Keep Your Hard Drive for the affected system in which case Customer may retain the respective hard drive(s). If Customer does not relinquish the defective unit to the Dell technician as required above, or if(in the event the replacement unit was not delivered in person by a Dell technician) the defective unit is not returned within ten (10) days, Customer agrees to pay Dell for the replacement unit upon receipt of invoice. If Customer fails to pay such invoice within ten (10) days after receipt, in addition to any other legal rights and remedies available to Dell, Dell may terminate this Service Description upon notice. Parts Ownership. All Dell service parts removed from the Supported System and returned to Dell become the property of Dell. Customer must pay Dell at the current retail price(s)for any service parts removed from the System and retained by Customer (except for hard drives from systems covered by Keep Your Hard Drive service) I Customer has received replacement parts from Dell. Dell uses new and reconditioned parts made by various manufacturers in performing warranty repairs. Parts Stocked. Dell currently stock parts in various locations throughout the world Selected parts may not be stocked in the location closest to a Customer's site. If a part that is needed to repair the Gold Supported System is not available from a Dell facility near Customer's location and must be transferred from another facility, it will be shipped using overnight delivery. 2-Hour and 4-Hour parts locations stock mission critical components of the system, as determined by Dell Product Groups. A mission-critical component is one, which upon failure, may prevent the core system from performing its basic functions. Parts deemed non- critical include, but are not limited to: Software, floppy drives, media drives, modems, speakers, sound cards,zip drives, monitors, keyboards, and mice. In order to receive 4 Hour or 2 Hour parts,the customer must be located within the coverage area previously determined by the Service Delivery Group. Support Limitations. Dell is not liable for any failure or delay in performance due to any cause beyond its control. Service extends only to uses for which the Gold Supported System was designed. Tenn and Renewal. Customer will receive Services for the term indicated on Customer's invoice. Prior to the expiration of the service term, Customer may be entitled to extend the term depending on available options then in effect and in accordance with Dell's then-current procedures. In addition, Dell may, at its option, propose to renew Gold Support by sending Customer an invoice to renew the Services Customer may,at its option,and only where permitted by law,agree to such renewal of the Services by paying such invoice by the due date.Payment of renewal invoices shall indicate Customer's agreement to extend the term of this Service for the periods covered by such invoice. If Customer elects not to pay a renewal invoice, Services will be discontinued as of the expiration date set forth on the original or last paid Customer invoice. Relocation. The Gold Support Services will be delivered to the site(s) indicated on the Customer's invoice or Customer's applicable separately signed agreement with Dell. Customer agrees to give Deli at least t rty (30) days notice online at http//support.dell.com/support/topicskglobal.aspx/support(change order/en/taq transfer prior to relocating any Supported Systems. Gold Support Services are not available at all locations. Dell's obligation to supply Gold Support Services to relocated Supported Systems is subject to local availability and may be subject to additional fees,and to inspection and recertification of the relocated Supported Systems at Dell's then current time and materials consulting rates. Customer will provide Dell with sufficient,free, and safe access to Customer's facilities for Dell to fulfill these obligations. Gold Supported Service does not include support for damages resulting from moving the Gold Supported System from one geographic location to another or from one entity to another. Cancellation. Customer may terminate this Service within thirty (30) days of Customer's receipt of the Gold Supported System by providing Dell with written notice of cancellation, If Customer cancels this Service within thirty(30)days of receipt of the Gold Supported Product,we will send Customer a full refund less the costs of support claims, if any, made under this Service Description. However, if more than thirty (30) days have transpired since Customer's receipt of the Gold Supported System, Customer may not cancel this Service except as provided by an applicable state/country/province law which may not be varied by agreement. Gold Enterprise Support v 2.2 Page 7 of 8 B-24-06 Page 9 of 10 Dell may cancel this Service at any time during the Service term for any of the following reasons:Customer fails to pay the total price for Gold Support in accordance with the invoice terms; Customer makes a misrepresentation to Dell or its agents;Customer refuses to cooperate with or threatens in any manner the assisting analyst or on-site technician;Customer's repeated misuse of Gold Support for out of scope issues; or Customer otherwise breaches or fails to abide by all of the terms and conditions set forth in this Service Description. If Dell cancels this Service, we will send Customer written notice of cancellation at the address indicated in our records.The notice will include the reason for cancellation and the effective date of cancellation, which will be not less than ten (10) days from the date we send notice of cancellation to Customer,unless state law requires other cancellation provisions that may not by varied by agreement. IF DELL CANCELS THIS SERVICE PURSUANT TO THIS PARAGRAPH, CUSTOMER SHALL NOT BE ENTITLED TO ANY REFUND OF FEES PAID OR DUE TO DELL. Dell may,at its discretion,terminate this Service Description on thirty(30)days notice to Customer,in which case Customer will be entitled to receive a pro-rated refund of any unearned support fees that Customer has paid. Any refund will be determined by Dell based on the passage of time and/or the number of support incidents at Delrs discretion. Transfer of Service. Subject to the limitations set forth in this Service Description,Customer may transfer this Service to a third party who buys Customer's entire Supported System before the expiration of the then- current service term,provided Customer is the original purchaser of the Supported System and this Service Description, or Customer purchased the Supported System and this Service Description from its original owner (or a previous transferee) and complied with all the transfer procedures set forth in this Service Description (including relocation terms above) and online at http://support.dell.com/supportttopies/global.aspx/support/change order/enAag_transfer. A transfer fee may apply. Terms and Conditions. Dell is pleased to provide these Services, including Optional Services, in accordance with this S`r ce Description and the terms and conditions of the Dell Customer Master Services Agreement at tim//www.dell.comiservice contracts/, or Customer's applicable separate signed agreement with Dell. D"L� Gold Enterprise Support v 2.2 Page 8 of 8 8-24-06 Page 10 of 10 Dell Letter of Understanding LoU ID: 1178202585136 s Date of this Project: 5/3/2007 Project Name: SAN Implementation F Company & Customer Contact CITY OF FORT WORTH Information: i f Company Install Address: 1000 THROCKMORTON ST FORT WORTH TX 76102 i Dell Contact Information: Project Manager: { I Dell Account (AE Executive: Phone} Dell Order Number(s): 1. Project Summary. The scope of this project is to provide the following services to CITY OF FORT WORTH • [Oty: 1]After Hour Surcharge:Weekend (as detailed in section 5.1) • [Oty: 1] Dell I EMC SAN Implementation Bundle, 1-4 Hosts(as detailed in section 5.2) CITY OF FORT WORTH will be required to approve a Letter of Understanding (this document) prior to the implementation and sign a Project Completion Form upon the completion of the project, based on the Deliverables set forth in this document. In performing the Services, Dell and its subcontractors,and representatives if any,will be considered independent contractors. 2. Change Control Process Any changes to the project scope,assumptions,and/or a technical change that impacts the project schedule or cost will be identified using the attached Change Request Form and will be reviewed by both Dell and CITY OF FORT WORTH to determine the impact on the overall project.Approved changes will be documented using the change forms (attached)and implemented during deployment. 3. Scheduling. 3.1 Hours Unless after-hours services have been purchased,these services will be provided during normal business hours (8:OOam to 6:OOpm,local customer time), Monday through Friday,excluding normally observed holidays. Services provided outside these times will be delivered based on Dell's availability and may be subject to additional fees. 3.2 Site Readiness Final scheduling and engineer assignment is completed when CITY OF FORT WORTH confirms the physical readiness of the installation site. Site readiness details include but are not limited to the following items: • All equipment has been delivered and is in close proximity to the installation site. • Power drops,air conditioning,and network infrastructure are in place and are functional. • DATA ON ANY IMPACTED EQUIPMENT HAS BEEN BACKED-UP. DELL IS NOT RESPONSIBLE FOR LOSS OF DATA. IT IS YOUR RESPONSIBILITY TO SATISFY YOURSELF THAT ALL DATA HAS BEEN BACKED-UP AND THAT THE BACK-UP IS COMPLETE,ACCURATE,AND AVAILABLE FOR RESTORATION IF NECESSARY. • CITY OF FORT WORTH has obtained all applicable software licenses and has necessary permissions and consents on all applicable equipment to install the software. Site readiness will be confirmed by the Dell Project Manager. Details will be sent in writing prior to the installation date. Please note that Dell is not responsible for loss of data. It is your responsibility to satisfy yourself that all data has been backed-up and that the back-up is complete,accurate,and available for restoration if necessary. 4. Exclusions. This service does not include product installation,application activity or any additional services not specifically set forth in Section 5 of this document. Unless purchased with this service and reflected in Section 5 of this document,the service exclusions consist of,but are not limited to: • Loading or configuring software applications (SQL, Exchange,Oracle, Backup Exec, Powerchute, ArcServe,etc.). • Setup,cabling,or configuring UPS hardware or software (except racking). • Switch Reconfiguration. • SNMP monitoring. • Developing or debuging any scripts. • Performing system performance tuning. • Performing application analysis. • Data backup or migration. • Active-Active Clusters. • Classroom training. • Third party items. Third Party items means any hardware or software,other than parts that are Dell branded and originally listed on Dell's standard parts list as well as any services not specified under this LOU ("Third Party Services"). Dell is not responsible for any Third Party Services nor any revision or engineering changes in any Third Party Products. Some manufacturers'warranties or service agreements may become void or voidable if Dell or anyone else,other than the manufacturer or its authorized representative, performs services. DELL DOES NOT TAKE RESPONSIBILITY AND SHALL NOT BE LIABLE FOR THIRD PARTY WARRANTIES OR THIRD PARTY SERVICES OR FOR ANY EFFECT THAT THE DELL SERVICES MAY HAVE ON THOSE WARRANTIES OR THIRD PARTY SERVICES. Except as agreed to in writing between CITY OF FORT WORTH and Dell,Third Party Services shall be exclusively the responsibility of CITY OF FORT WORTH and are subject to the terms and conditions between the third party and CITY OF FORT WORTH . For software provided by CJTY OF FORT WORTH , CITY OF FORT WORTH authorizes Dell (or otherwise obtains the rights for Dell)to copy, install and modify, if necessary, all software to be used in the Services or to be recorded in electronic media for subsequent re-installation of backup. CITY OF FORT WORTH warrants to Dell that it has obtained any licenses, consents,or approvals required to give Dell and its subcontractors or employees the right or license to access,copy,distribute, use and/or modify (including creating derivative works)any Third Party Products to be used in the Services, without infringing the ownership or license rights (including patent and copyright) of the providers or owners of such products. Dell Professional Services offers additional packaged and custom services to address other requirements that are beyond the scope of this Letter of Understanding (LOU). Please see your Dell Account Executive for details. 5. Deliverables. The deliverables listed below represent services purchased by CITY OF FORT WORTH . Upon completion of the services and deliverables at set forth below,CITY OF FORT WORTH will complete and sign the Project Completion Form.A technical addendum for each of the deliverables is available on www.Dell.com. 5.1 [Oty: 1] After Hour Surcharge: Weekend Service Overview The services provided in this document are to be performed outside of normal business hours. The services may begin anytime on Friday after 6:00 p.m., local time,and are to be completed no later than Sunday 6:00 p.m.,local time. Holiday pricing requires additional fees and is available through custom bid. Please contact your Dell Account Team if holiday services are required. 5.2 [Oty: 1] Dell EMC SAN Implementation Bundle, 1-4 Hosts Service Overview This service provides for the implementation of a Dell I EMC Multi-Host Switched Fibre Channel ("FC") Storage Area Network("SAN")environment(the"Service"or"Services"),as set forth more specifically in this Service Description.This Service include the physical installation of the storage hardware such as storage array, FC Host Bus Adapters("HBA"s) (into Dell servers only), FC switches, and Disk Array Enclosures("DAE"s),and the connection of up to thirty-two(depending on the implementation SKU purchased) internet SCSI ("iSCSI")or FC hosts.This Service includes the design, configuration, and implementation of the storage array to the hosts.This Service also includes planning and project management for standard SAN deployments.At the conclusion of this Service, Dell will conduct a brief product orientation session and provide a configuration guide documenting the implementation. This Service is available for Dell I EMC SAN solutions only and is not available for Dell PowerVaultTM SAN or EMC SAN (non-Dell)solutions. This Service will be provided during the hours of 8:00am to 6:00pm,Customer local time, Monday through Friday,excluding holidays, unless other arrangements have been made through the Dell sales team and the project manager. Not Included With This Service • Clustering. • Performance tuning,system optimization,teaming/load balancing of Network Interface Cards ("NIC"s)or other similar services. • Installation of cables external to the rack. • Scripting of any kind. • Installation of any non-storage related hardware or software. • Installation of any product into an unsupported rack. • Installation of HBA's and/or drivers into non-Dell servers. • Installation of non-FC HBAs. • Configuration or reconfiguration of any existing network environment. • Configuration of VisualSAN or Analyzer other than that specified in this Service Description. • Integration of Network-Attached Storage("NAS") boxes or other non-standard hosts (except for Dell PowerVault). • Multiple array implementations. • More than two fabrics per array. • Any activities to Ethernet networks other than the installation and cabling of Dell PowerConnect switches. • Any activities other than those specifically noted in this Service Description. Customer's Responsibilities • Complete a backup of all existing data and programs on affected storage systems prior to Dell arriving at the location to deliver this Service.DELL WILL HAVE NO LIABILITY FOR LOSS OR RECOVERY OF DATA OR PROGRAMS. • Place the storage product in the immediate area of the rack or server into which it will be installed. • Ensure that the required power outlets and Power Distribution Units("PDU"s)are installed and functional. • Ensure that all hosts are installed,with supported operating systems and current Service Packs, peripheral hardware and firmware,and system BIOS. • Ensure that the existing network environment is properly setup to handle the 1/0 requirements of any iSCSI hosts and that the appropriate network drops are in place prior to the commencement of this Service. • Dispose of the packing material and other debris. Key Service Steps • Design: 1. Review and obtain the site technical requirements with the Customer. 2. Verify that the existing hosts meet the minimum hardware and software requirements. 3. Create a valid design based on the Customers hardware and software configuration: a. Define the storage allocation: i. Redundant Array of Independent Disks("RAID")/Storage groups. ii. Logical Unit Number("LUN")/MetaLUN sizing. iii. Server assignments. b. Define the switch configurations. c. Define/confirm that the configuration meets the minimum hardware and software requirements for the environment. 4. Discuss the recommended LAN configurations and security settings for all iSCSI hosts with the Customer, if applicable. • Planning: 1. Review this Service Description with the Customer to ensure the understanding of the scope of work. 2. Review the site environmental and technical readiness requirements. 3. Confirm readiness review and installation dates and highlight dependencies on complete Customer site readiness and product ship dates to meet the planned installation schedule. 4. Ensure that the Customer reviews,accepts,and abides by the terms and conditions of this Service Description. • Implementation and Testing: 1. Install the storage array components: a. Unpack and inspect all hardware prior to installation. b. Mount any necessary rack related hardware into the Dell supported rack. c. If needed, remove any components (such as: blades, power supplies,drives)to reduce the overall weight. d. Mount the storage array components into the rack/rails. e. Reinstall any components that were removed from the product. f. Install Customer-provided PDU(s) onto the rack,as needed for the proper power configuration of the product. g. Install and route all power and interconnect cables to the storage components. h. Attach any management ports to the Customer provided network drops. i. Label all the interconnect cables. j. Power on the product and verify basic functionality ensuring that there are no fault indicators. 2. Configure the array within the SAN environment,as set forth in the Design section above: a. Enable global security for the array. b. Configure Navisphere®Manager: I. Confirm that the Navisphere release level is at the approved version; update as necessary. ii. Enable Access Logix. iii. Enable read/write cache. iv. Enable statistics logging. 3. Configure the FC switches set forth in the Design section above: a. Confirm that the switch firmware is at the approved version;update as necessary. b. Create the storage zones. 4. Configure the storage,as set forth in the Design section above: a. Create RAID groups. b. Create LUNs. c. Create storage groups. d. Assign LUNs to storage groups. 5. Configure each FC host,as set forth in the Design section above: a. Validate that the host firmware and software is at the approved versions: I. On Dell hardware,update as necessary. ii. On non-Dell hardware,ensure that the Customer updates as necessary. b. On Dell hosts, install the HBAs and driver: i. Power cycle the host(s)to ensure a proper boot cycle. ii. Install the HBA(s) into the host. iii. Ensure that the HBA(s)firmware is at the approved levels;update as necessary. iv. Install the HBA driver into the host operating system. c. On non-Dell hosts,ensure that the Customer has installed the HBA and driver. d. Install and route all the hosts to switch connectivity cables. e. Label the interconnect cables. f. Configure the hosts: i. Install Navisphere agent. ii. Install the failover software included with the storage hardware. iii. Connect the host connectivity cables. iv. Configure/zone host ports to the switch fabrics. V. Assign hosts to their appropriate storage groups. 6. Configure each iSCSI host,if applicable,as set forth in the Design section above: a. Install the iSCSI initiator. b. Configure the iSCSI NIC IP addresses. c. Install the failover software included with the storage hardware,as needed. d. Install the server utility. 7. Configure the iSCSI parameters on the array, if applicable: a. Configure iSCSI initiators on the storage device. b. Register hosts and confirm connectivity. 8. Configure Challenge Handshake Authentication Protocol("CHAP"), as needed: a. Disconnect and clear iSCSI initiator settings on all hosts. b. Configure the CHAP user and enable it on the storage array. c. Configure iSCSI initiator with CHAP on all hosts. 9. Verify host to LUN connectivity: a. Partition and format the LUNs,as set forth in the Design section above. b. If host is an approved Dell NAS Host,create shares/exports,as set forth in the Design section above. 10. Install VisualSAN, if purchased with this Service. 11. Install Navisphere Analyzer, if purchased with this Service. 12. Configure and test email notification,as set forth in the Design section above. 13. Configure and test phone home feature,if sold with this Service,as set forth in the Design section above. 14. Remove all installation packaging to a Customer-designated area within the immediate installation location,or arrange with the Customer for Customer removal. • Product Awareness: 1. Conduct a brief product orientation session and review the associated documentation. This overview does not replace any available Dell education courses for this product. 2. Demonstrate the failover capability,if applicable. • Project Closeout: 1. Provide documentation to reflect the Services performed. 2. Obtain Customer acknowledgment of Services performed. 6. Replacement Policy. In the unlikely event a Dell I EMC2 product shipped to you requires immediate repair or replacement in order to be operational, Dell intends to use parts from its spare parts inventory(which may include new or refurbished parts)in performing repairs and/or building replacement products.All such parts will carry the remaining new system warranty. 7. Terms and Conditions Dell is pleased to provide the services in accordance with this Letter of Understanding and the terms and conditions of the Dell Customer Master Services Agreement at hftp://www.dell.com/service—contracts,or CITY OF FORT WORTH 's separately signed agreement with Dell. 8. Authorization and Acceptance LoU ID: 1178202585136 Customer Signature Date ---Karen,,,,L., Montgomery, Assistant„ City Manager/CFO Printed Name&Title CITY OF FORT WORTH Upon your approval of this document,email your acceptance to MailTo: (please include the word "accepted"and your name,title, phone number,address,and the LoU number in your email, or print and sign this page and fax it to the attention of at 1-877-922-3355. APPROVED AS TO FORM ANn L FOALITV- � o ASSIS ANT CITY ATTORNEY Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/17/2007 DATE: Tuesday, April 17, 2007 LOG NAME: 13P07-0109 REFERENCE NO.: **P-10562 SUBJECT: Authorize Execution of Necessary Related Agreements for the Purchase of Equipment, Installation, and Maintenance Utilizing Texas Department of Information Resources Contracts with Dell Marketing, L.P. for the New Computer Aided Dispatch Project, Storage Area Network Infrastructure Expansion Project, and the Enterprise Information Management Project for the Information Technology Solutions Department RECOMMENDATION: It is recommended that the City Council authorize purchases of network equipment for the new Computer Aided Dispatch (CAD) project, Storage Area Network (SAN) infrastructure equipment, installation and maintenance and equipment for the Enterprise Information Management (EIM) project and execution of necessary agreements with Dell Marketing, L.P.using the State of Texas Department of Information Resources (DIR) contracts DIR-SDD-275 and DIR-SDD-192 for the Information Technology (IT) Solutions Department for a total cost not to exceed $411,644.90. DISCUSSION: The IT Solutions Department will purchase additional network hardware, installation services and 5 years of maintenance: (1) for the expansion of the enterprise SAN infrastructure and its implementation, (2) to purchase servers for the new CAD project, and (3) to purchase a server for the EIM project. All three of these projects will enhance the City's ability to provide better service to the citizens of Fort Worth. The City Council authorized the City Manager to execute a contract with TriTech Software Systems (TriTech) to replace the current CAD and Fire Station Alerting systems (M&C C-21906, December 19, 2006). Computer hardware and software was removed from the contract because City staff believed that equipment and software could be acquired at a better price. The quote provided by Dell results in cost savings of about $22,000 and the City will get higher end (more robust) servers than the equipment proposal from the TriTech quote. The CAD replacement project needs 22 new servers for the primary communications center on Bolt Street and the disaster recovery (backup) site at City Hall. The cost for the CAD servers is $114,481.08. The new SAN will allow for: (1) the expansion of the Enterprise SAN infrastructure environment needed due to growth of systems requiring large amounts of disk space, (2) avoid reaching a growth limitation on current SAN infrastructure thereby being unable to respond to customer needs, (3) increase IT Solution's capacity to reduce the number of physical servers by allowing for a robust environment to host virtual servers, and (4) reduce the need for physical space, cooling costs and electricity costs. Additionally, the new SAN will allow for growth of the City's database hosting environment and email infrastructure by providing high speed data storage space which is also highly fault tolerant. The cost for the new SAN equipment, installation and maintenance is $281,615.23. The EIM system is needed to enhance the ability of the City's infrastructure in: (1) regulatory compliance, (2) data safety and consolidation, (3) cross functional workflow collaboration, (4) business process improvement, and (5) information availability. During the rest of FY 2007, the IT Solutions Department will http://www.cfwnet.org/council_packet/Reports/mc_print.asp 7/12/2007 Page 2 of 2 conduct a pilot project to determine the best technical solution to accommodate a goal of City departments sharing workflow files. The cost for the EIM equipment is $15,548.59. Dell's contracts with DIR for equipment and services are based on a negotiated procurement process conducted by the State agency. The total cost of these purchases is $411,644.90. The purchases for the SAN and EIM projects will be paid for by the Information Systems Capital Projects Fund. As is the established practice for use of this fund, IT Solutions will repay the Project Fund over 36 months from its operating budget. The Department's budget includes funds in FY 2007 to begin the repayment process and the City Manager will submit future years budgets to include funds for repayment of this obligation. The equipment acquired for the new CAD project is funded in the amount of $114,481.08 by the Specially Funded Capital Project Funds (CAD/Fire Station Alert). DIR Is authorized to offer the cooperative purchasing program to state agencies, public institutions of higher learning, public schools districts and local governments. Pursuant to Government Code Section 791.025, a local government that purchases goods and services under the Interlocal Cooperation Act satisfies otherwise applicable competitive bidding requirements. M/WBE - A MN/BE goal is not assigned when making a purchase from an approved purchasing cooperative or other public entity. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Information Systems Capital Projects Fund and the Specially Funded Capital Project Funds (CAD/Fire Station Alert). BQN\07-0109\LGS TO Fund/Account/Centers FROM Fund/Account/C enters C291 541390 041100064480 $114,481.08 C196 541320 004196004007 $297,163.82 Submitted for City Manager's Office W. Karen Montgomery (6222) Originating Department Head: Richard Zavala (Acting) (8313) Jack Dale (8357) Additional Information Contact: Pete Anderson (8781) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 7/12/2007