Item 5 - Award of Agmt to Nth Gen; SAN and Data Backup Solution RFP 22-005November 16, 2021, Item #5DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway CITY COUNCIL November 16, 2021 Honorable Mayor and Members of the City Council Brad Rosen, Assistant Director of Finance Operations ~~ Brad Rosen, Assistant Director of Finance Operations (858) 668-4452 or brosen@poway.org Award of Agreement to Nth Generation for Storage Area Network (SAN) and Data Backup Solution, RFP No. 22-005 The City's current Storage Area Network, which provides all electronic data storage for files, applications, and databases, has reached end of life and updates are no longer available from the manufacturer (Hewlett Packard). In addition to this planned hardware replacement, City staff identified the need to improve the data redundancy and backup environment to ensure business continuity and disaster recovery. After completing a Request for Proposal (RFP) process, staff proposes implementing the hardware and software solution proposed by Nth Generation that provides a comprehensive and enhanced data storage and backup environment. Recommended Action: It is recommended City Council award the agreement for Storage Area Network (SAN) and data backup solution, RFP No. 22-005, to Nth Generation in the amount of $191,294.31; appropriate $53,776.31 to the Capital Replacement Equipment Fund (115010-61212); and authorize the City Manager to execute all necessary documents. Discussion: The City has two main data storage environments. The larger is in the City Hall data center and the smaller is at the Public Works Administration building. The two storage environments are both active and provide data storage for the City's applications, databases and files. These two environments currently provide redundancy for one another with data being replicated between the two sites. Additionally, each site has separate backup storage hardware that also provides redundancy for one another. Data is also backed up to tape and stored off-site. As anticipated at the time of purchase, the current Hewlett Packard Enterprise SAN purchased in June 2016 has reached end of life and firmware updates will no longer be available after December 2021. Additionally, the City's current Quantum backup storage hardware also purchased in June 2016 is also end of life and is low on available storage. The replacement of these four devices provides the City the opportunity to design a complete storage and backup solution that will provide enhanced business 1 of 19
November 16, 2021, Item #5continuity and disaster recovery benefits. The expected lifespan of the proposed data storage solution is five years which corresponds to the City's capital replacement schedule. In August 2021, the City solicited proposals from qualified data systems vendors for the purchase and implementation of a SAN and data backup solution. Six vendors responded to the City's RFP, and the City short-listed two vendors that met the design requirements and provided the best overall value. The short-listed vendors, Nth Generation Computing and Lenovo, provided detailed presentations of their hardware and software solution. Following the presentation, IT staff thoroughly reviewed each vendor's proposed configuration, implementation, and options. The Nth Generation Proposal includes a complete solution from Hewlett Packard Enterprise for both the SAN Storage and backup environment, technical services for the installation of the new hardware and migration to the new system and four years of support and maintenance. The Nth Generation proposal was determined to be the most cost-effective comprehensive solution that meets the City's daily data storage and backup needs. The cost of the Nth Generation proposal is approximately $7,700 less than what was proposed by Lenovo. This overall design provides a robust redundant storage platform to support the applications used by staff and the web applications used by the public. With the evaluation process completed, it is recommended the City enter into an agreement with Nth Generation in a form acceptable to the City Attorney to implement the City's SAN and data backup solution, including four years of manufacturer support. Environmental Review: This item is not subject to CEQA review. Fiscal Impact: The total cost for this project is $191,294.31. The City proactively plans for the replacement of its technology hardware by annually setting aside a portion of the anticipated replacement costs. As such, funding is available for the purchase of the SAN storage hardware. A total of $137,518 was allocated for this purchase during the preparation of the Fiscal Year 2021-22 budget in the Capital Replacement Equipment Fund (115010-61212). However, it was determined after budget preparation that the replacement of the backup hardware should occur at the same time. While sufficient funds have been set aside for this purchase in the Capital Replacement Fund, an appropriation request was not made with the Fiscal Year 2021-22 budget for the backup hardware. As such, an appropriation of $53,776.31 is being requested at this time for the backup hardware. Public Notification: None. Attachments: A. Standard Agreement for Services with Nth Generation Reviewed/ Approved By: Assistant City Manager 2 of 19 Reviewed By: Alan Fenstermacher City Attorney
November 16, 2021, Item #5City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 16th day of November, 2021, by and between the CITY OF POWAY (hereinafter referred to as "City") and NTH GENERATION (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform hardware and software services; WHEREAS, Consultant is an information technology consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 1 3 of 19 ATTACHMENT A
November 16, 2021, Item #55. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 4 of 19 2
November 16, 2021, Item #5"Consultant" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: [8] 1. ConsultanUContractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. ConsultanUContractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 5 of 19 3
November 16, 2021, Item #5years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 6 of 19 4
November 16, 2021, Item #5(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 7 of 19 5
November 16, 2021, Item #5Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 8 of 19 6
November 16, 2021, Item #5Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 9 of 19 7
November 16, 2021, Item #5IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By: __________ _ Chris Hazeltine, City Manager Date: -----------ATTEST: Carrie Gallagher, City Clerk APPROVED AS TO FORM: By:-------------Alan Fenstermacher, City Attorney 10 of 19 NTH GENERATION 8 By:------------Joyce Russell, EVP/CFO Date: ------------
November 16, 2021, Item #5"SPECIAL PROVISIONS" EXHIBIT "A" A. Scope of Services. Consultant agrees to procure and provide the hardware and perform consulting services as required by City, which shall consist of the configuration and installation of storage and backup hardware. Consultant shall provide the necessary qualified personnel to perform the services. 8. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the quote dated September 15, 2021, which is included in this document as Attachment 1. Total fee is not to exceed $191,294.31. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. C. Term of Agreement. This Agreement shall be effective from the period commencing November 16, 2021, and ending June 30, 2022, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability. including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. 11 of 19 1
November 16, 2021, Item #5(d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 12 of 19 2 City of Poway P.O. Box 789 Poway, CA 9207 4 Nth Generation 17055 Camino San Bernardo San Diego, CA 92127
November 16, 2021, Item #5ATTACHMENT 1 611th .IIIFG-ENERATION Account Manager: Carol Herr Inside Sales: Mifi Stewart Email Orders To: orders@nth.com Email: carol.herr@nth.com Email: mifi.stewart@nth.com Phone: 858-451-2383x172 Quoted to: Dawn Winter City of Poway Project#: 110642 -12 Proposal Date: 09/15/2021 Proposal Expiration: 11/20/2021 Ship to: 13325 Civic Center Drive P.O. Box 789 Poway, CA 92064-0789 DR Site infrastructure Refresh -PART # QTY DESCRIPTION Q8H72A Q8B69B Q8J27A Q8J30A R4G78A QK734A Q8G27B R3P91A HT6Z0A4 HT6Z0A4:ZEE HT6Z0A4:Z8K HT6Z0A4:ZE7 HT6Z0A4:ZEB N-HA114A1 :SMR Q8H72A Q8B69B Q8B88B Q8J27A Q8J30A 1 1 2 1 4 1 1 1 1 1 1 1 Production Nimble HF20 42T FC 4 yr Hardware HPE Nimble Storage HF20 Adaptive Dual Controller 10GBASE-T 2-port Configure-to-order Base Array HPE Nimble Storage HF20/20C Adaptive Array 42TB (21x2TB) FIO HDD Bundle HPE Nimble Storage C13 to C14 250V 10Amp 1.8m Universal FIO Power Cord HPE Nimble Storage HF20 Adaptive Array R2 5.76TB (6x960GB) FIO Cache Bundle HPE Nimble Storage 2x32Gb 2-port Fibre Channel FIO Adapter Kit HPE Premier Flex LC/LC Multi-mode OM4 2 Fiber Sm Cable Software HPE Tier 1 Storage OS Default FIO Software HPE Tier 1 Storage Array Standard Tracking Support HPE NS 4Y 4H Parts Exchange Support HPE NS HF20/20C Hybr 42TB HDD Bndl Supp HPE NS 2x32Gb 2p FC Adptr Supp HPE NS HF20 5.76TB Cache Supp HPE NS HF20 Hybrid Base Array Supp Nth Services Nth Nimble Storage Array Startup service DR Nimble HF20-42T Hardware 1 HPE Nimble Storage HF20 Adaptive Dual Controller 1 0GBASE-T 2-port Configure-to-order Base Array 1 HPE Nimble Storage HF20/20C Adaptive Array 42TB (21x2TB) FIO HOD Bundle 1 HPE Nimble Storage 2x1 0GbE 2-port FIO Adapter Kit 2 HPE Nimble Storage C13 to C14 250V 1 0Amp 1.8m Universal FIO Power Cord 1 HPE Nimble Storage HF20 Adaptive Array R2 5.76TB (6x960GB) FIO Cache Bundle 17055 Camino San Bernardo, San Diego,CA 92127 858-451-2383 nth.com Page 1 of 4 13 of 19
November 16, 2021, Item #5a#th .IJITG-ENERATION Account Manager: Carol Herr Inside Sales: Mifi Stewart Email Orders To: orders@nth.com Project#: 110642 -12 Proposal Date: 09/15/2021 Quoted to: Brad Rosen City of Poway 13325 Civic Center Drive P.O. Box 789 Poway, CA 92064-0789 Ship to: DR Site infrastructure Refresh Email: carol.herr@nth.com Email: mifi.stewart@nth.com Phone: 858-451-2383x172 Proposal Expiration: 11/20/2021 ~ QTY DESCRIPTION I J9283D 4 Aruba 1 0G SFP+ to SFP+ 3m Direct Attach Copper Cable Software Q8G27B 1 HPE Tier 1 Storage OS Default FIO Software R3P91A 1 HPE Tier 1 Storage Array Standard Tracking Support HT6Z0A4 HPE NS 4Y 4H Parts Exchange Support HT6Z0A4:ZEE 1 HPE NS HF20/20C Hybr 42TB HOD Bndl Supp HT6Z0A4:ZE7 1 HPE NS HF20 5.76TB Cache Supp HT6Z0A4:ZEB 1 HPE NS HF20 Hybrid Base Array Supp HT6Z0A4:ZET 1 HPE NS 2x1 0GbE 2p Adptr Supp Nth Services N-HA114A1 :SMR 1 Nth Nimble Storage Array Startup service Production Storeonce Hardware BB955A 1 HPE StoreOnce 3640 48TB System BB986A 1 HPE StoreOnce Gen4 16Gb Fibre Channel Network Card QK734A 2 HPE Premier Flex LC/LC Multi-mode OM4 2 Fiber Sm Cable Software BB987A 1 HPE StoreOnce Gen4 16Gb Fibre Channel Network Card L TU BB994AAE HPE StoreOnce Encryption E-L TU Support HU4A6A4 1 HPE 4Y Tech Care Essential Service HU4A6A4:ZGZ 1 HPE StoreOnce 3640 48TB System Support Nth Services N-HA 124A 1 :SVF 1 Nth StoreOnce 36xx Stup SVC 17055 Camino San Bernardo, San Diego,CA 92127 858-451-2383 14 of 19 nth.com Page 2 of 4
November 16, 2021, Item #5611th ..IIFG-ENERATION Account Manager: Carol Herr Inside Sales: Mifi Stewart Email Orders To: orders@nth.com Project#: 110642 -12 Proposal Date: 09/15/2021 Quoted to: Brad Rosen City of Poway 13325 Civic Center Drive P.O. Box 789 Poway, CA 92064-0789 Ship to: DR Site infrastructure Refresh Email: carol.herr@nth.com Email: mifi.stewart@nth.com Phone: 858-451-2383x172 Proposal Expiration: 11/20/2021 !PART# QTY DESCRIPTION ---_ _ _ _ _ _ _ _ _ __ _ _ __ _ BB955A BB982A J9283D BB983A BB994AAE HU4A6A4 HU4A6A4:ZGZ N-HA124A1 :SVF N-PM-STD DR StoreOnce Hardware 1 HPE StoreOnce 3640 48TB System 1 HPE StoreOnce Gen4 10125Gb SFP Network Card 2 Aruba 1 0G SFP+ to SFP+ 3m Direct Attach Copper Cable Software HPE StoreOnce Gen4 10125Gb SFP Network Card L TU 1 HPE StoreOnce Encryption E-L TU Support 1 HPE 4Y Tech Care Essential Service 1 HPE StoreOnce 3640 48TB System Support Nth Services 1 Nth StoreOnce 36xx Stup SVC 12 Nth Project Management Hourly Services HPE Promotional Discounts applied. 17055 Camino San Bernardo, San Diego,CA 92127 858-451-2383 nth.com 15 of 19 Page 3 of 4
November 16, 2021, Item #5a#'th _#WG-ENERATION Account Manager: Carol Herr Inside Sales: Mifi Stewart Email Orders To: orders@nth.com Email: carol.herr@nth.com Email: mifi.stewart@nth.com Phone: 858-451-2383x172 Project#: 110642 -12 Proposal Date: 09/15/2021 Proposal Expiration: 11/20/2021 Quoted to: Brad Rosen City of Poway 13325 Civic Center Drive P.O. Box 789 Poway, CA 92064-0789 Ship to: DR Site infrastructure Refresh -PA_R_T_# ______ Q_T_Y_D_E-SC_R_I_P_TI_O_N _____________________ I Quote Subtotal Tax Rate 7.75% Est. Shipping * Payment Terms $181,478.00 $9,816.31 Net 30 days TOTAL DUE $191,294.31 * Thank you for allowing Nth Generation to provide you with the above quotation. Charges for Shipping and insurance will be additional. If you require an estimated shipping cost prior to issuing a purchase order, please contact your sales or inside sales rep. This quotation is the sole property of Nth Generation Computing, Inc. and is intended as an offer to sell goods and services to the client named in this quote. This document may not be reproduced, or provided to parties outside this organization, without written consent of Nth Generation Computing, Inc. 17055 Camino San Bernardo, San Diego,CA 92127 858-451-2383 nth.com Page 4 of 4 16 of 19
November 16, 2021, Item #5EXHIBIT "8" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title I General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. ( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) (l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. 17 of 19
November 16, 2021, Item #5City of Poway Managed Security Services Provider RFP (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)F or legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. 4 18 of 19
November 16, 2021, Item #5City of Poway Managed Security Services Provider RFP (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code. History Annotations Notes Amendments: Note-Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 5 19 of 19