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HomeMy WebLinkAboutHEWLETT-PACKARD 2 lNSUR(i:,j[ \I.,'(;::'i, IJN! !i\>,i;\ L.'.i" . cl - ?JO{~:L______ CLc!((\ U; i. ?J - ;)VC '7 t): r::HJ (I) (I-- HY-~ ~Jl@ in., e n t N-2007 -024 HP Global Delivery Event Services Data Center Services THERMAL QUICK ASSESSMENT PROPOSAL & STATEMENT OF WORK City of Santa Ana Santa Ana, CA prepared for: George Blessing Network and Data Center Architect City of Santa Ana 20 Civic Center Plaza Santa Ana, Ca., 92701 prepared by: Valerie Nevarez Hewlett.Packard Company Palo Alto, CA 94304 Date: Feb. 1, 2007 \ (Ai). in...nl Proprietary Notice Restriction on Use and Disclosure of Proposal and Quotation Information Data The information contained in this Statement of Work constitutes a trade secret and/or information that are/is commercial or financial and confidential or privileged to Hewlett.Packard Company ("Information"). It is furnished to City of Santa Ana (Santa Ana) in confidence with the understanding that it will not. without the prior written permission of Hewlett-Packard Company ("HP"), be used or disclosed for other than evaluation purposes; provided, however, that in the event a contract is awarded on the basis of this Statement of Work or quotation Santa Ana shall have the right to use and disclose this information to the extent provided in the contract. HP represents only the HP products and services as set forth herein and makes no representations, warranties, guarantees, or commitments for any third.party products or services. Copyright IQ 2004 Hewlelt-Packard Company - Unpublished Work - All RIGHTS RESERVED NOTE: For your convenience, HP's proposal is submitted via e-mail and is available in hard copy if requested. If the content differs between the hard copy and electronic copy, ONL Y the content of the hard copy will be binding on HP. Data Center Services Feb. 1, 2007 Proposal 10: TIA_20061101 Santa Ana Version: 1.0 Use or disclosure of information on this page is subject to HP's Proprietary Notice of this document. City of Santa Ana i (Ap:)" ;".&nl Table of Contents Prop ri eta ry N oti ce - - - - - - - - - - - - - - - - - - - n - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - _ _ _ _ _ _ _ _ i Introduction n - - n_n ----- - - - ___n_ n ______ - _______nn n_ ___n _______n___n__ - - n_ _______ __ ___n --1 Current Situation--------------------------------------------__----------------------------------------------------------------------------------------------------------______________________________ _________ 1 Engagement Objective-----------------------------------------------------------------------------------------------------------------------------------------------____________________________________ 1 Engagement Description-------------------------------------------------------------------------------------------------------------------------------------___________________________________________ 1 Scope of Work ------ - ------- ------- - - ----- - ---- - ______On _____ _n - - n________ - ______ - n_____ _____ 2 Assumptions----------------------------------------------------------------------------------------------------------------------------------------------------________________________________________ ____________ 2 Data Collection ---------------------------------------------------------------------------------------------------------------------------------------------------------______________________________ __________ 2 Data Analysis-----------------------------------------------------------------------------------------------------------------------------------------------------------------_________________________ ___________ 3 Del iverable--------------------------------------------__-------------------------------------------------------------------------------------------__________________________________________________ ___m_m_____ 3 Customer Ob Ii ga t i ons- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ 4 General Limitations & Assumptions -________________n________ ----------n------------n____4 Cha nge Ma nagement Process nn ------ - ----- - ---- __On ----_ - ____ n_n - - ----- - ---- -- _____ _ ___ 5 De livery Sched u I e - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ _ _ _ _ _ 5 Pa yment and Pric i ng - - - - -- - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ _ _ 6 Approva I and Signatu re n --------- ----------- ---- - ----- ----- ---___ ___ ______________ ____n n___ 7 City of Santa Ana Information --------------------------------------------------------------------------------------------------------------------------_________________________________________ 7 Entire Agreement and Order of Precedence ------------------------------------------------------------------------------------------_______________________________________________ 7 Signature -----------------------------------------------------------------------------------------------------------------------------------_______________________________--_________________________ ________m____ 7 Terms & Cond itions------- n ------- n_nn - ---- - ----- ---- - -___ - ____ - _____ ___ - n ______ n___ _ _ _____ 9 Data Center Services Feb. 1, 2007 Proposal ro: TIA_200611 01~Santa Ana Version: 1.0 Use or disclosure of information on this page is subject to HP's Proprietary Notice of this document. City of Santa Ana (A~' i..".nl Introduction Current Situation City of Santa Ana (Santa Ana) is preparing to reconfigure their current datacenter. Santa Ana is looking to address any room structure concerns that may develop with this installation. HP has been provided a layout of the intended changes as a basis for discussions towards a Peer Review of their plans. A gap analysis of the present data center configuration as compared with industry standards and HP best practices as well as a gap analysis of the provided future configuration is required in the form of a Peer Review. Engagement Objective HP will conduct a peer review of the plans provided in conjunction with an onsite workshop with City of Santa Ana personnel. The provided plan will be compared to industry standards and best practices. A gap analysis of the present data center in order to better understand any possible improvements to the future plan will be conducted. Under floor thermal modeling of the proposed data center will be created based on information provided by City of Santa Ana with regard to intended future configuration and facilities including the modeling of new CRAC(s) units. Engagement Description A local HP Consultant will conduct an onsite workshop with representatives of the City of Santa Ana to analyze the proposed reconfiguration. The HP consultant will also make visual observations of the data center. A brief synopsis of the workshop along with additional suggestions based on the room observations will be delivered three weeks of leaving the site. The total onsite activities will not exceed two days. Physical layout of the proposed changes as well as electrical system, cooling system and any useful coming environmental technology changes will be included in the workshop and synopsis. Any additional phone conversations prior to the email delivery of the synopsis will be included in the recommendations deemed appropriate and efficacious to the design. Data Center Services Feb. 1, 2007 ProposallD: TIA_20061101 Santa Ana Version: 1.0 Use or disclosure of information on this page is subject to HP's Proprietary Notice of this document. City of Santa Ana 1 (h~. I.w."t Scope of Work Assumptions HP will make the following assumptions when delivering this service: . City of Santa Ana will provide personnel to conduct the workshop and onsite observations. All power distribution unit / uninterruptible power system display panels reporting operating conditions are accurate. . Data Collection HP will make observations and collect data for inclusion in the synopsis. Gap analysis based on present data center configuration and proposed configuration as compared to industry standards and best practices will be conducted. A Thermal Intermediate model of the proposed data center will be created based on information available. Data Center Services Feb. 1, 2007 ProposallD: TIA_20061101 Santa Ana Version: 1.0 Use or disclosure of information on this page is subject to HP's Proprietary Notice of this document. City of Santa Ana 2 (Ail" I"".ftt Deliverable HP will prepare a written synopsis of the workshop and onsite observations including recommendations and also provide a thermal model of the proposed data center. Data Center Services Proposal JO; TlA_20061101 Santa Ana Feb. 1, 2007 Version: 1.0 Use or disclosure of informalion on this page is subject to HP's Proprietary Notice of this document. City of Santa Ana 3 (h~' 1..",...1 Customer Obligations Santa Ana shall designate an individual to provide overall management of this engagement. This individual must have the appropriate authority to make necessary decisions regarding the engagement and shall be responsible for all engagement aspects pertinent to Santa Ana. Furthermore, this individual must have the authority either to assign resources or to negotiate the assignment of resources within Santa Ana. This individual shall be available to meet with the HP team in person or via telephone on a regular basis. Santa Ana will provide HP personnel access to Santa Ana building facilities, computer room, electrical, and mechanical facilities, if required. As delivery of services is based on performance of Santa Ana obligations, in the event Santa Ana does not meet the obligations set out in this Statement of Work, HP reserves the right to notify Santa Ana of the need to adjust the price or schedule. If Santa Ana does not elect to proceed based on the adjustments, HP has the right to cancel its provision of services and Santa Ana is subject to payment for work performed to date. General Limitations & Assumptions HP specialists will perform services during HP business working hours, Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding HP holidays, unless otherwise agreed to by HP. Services will be performed at HP offices and at Santa Ana site. If information or access to Santa Ana personnel and involved electrical and mechanical systems is needed by HP in HP's reasonable discretion for performance under this Statement of Work, and Santa Ana is delayed in providing such, or if other delays caused by Santa Ana are encountered by HP in performing work under this Statement of Work, HP may add reasonable charges for services caused by such delays to reach a new total price hereunder and to adjust the project schedule and the services in this Statement of Work as necessary. Such additional charges shall only reffect HP's then current time and materials charges for HP personnel (and HP subcontractor personnel) for the amount of time they are actually delayed in performing their work. HP shall provide Santa Ana written notice of the delay so Santa Ana may take corrective action. Neither party will be liable for performance delays or for non-performance due to causes beyond its reasonable control. Data Center Services Feb. 1, 2007 Proposal 10: TIA~200611 O1_Santa Ana Version: 1.0 Use or disclosure of information on this page is subject to HP's Proprietary Notice of this document. City of Santa Ana 4 (h~. i..".nl Change Management Process Change Management procedures are necessary for documenting any changes to the baseline engagement identified in this Statement of Work. Uncontrolled changes may cause both price and schedule variances. The following three (3) factors are likely causes for change to this engagement: . New requirements identified by either party that are not within the original scope of the engagement. . Suggestions submitted by either party that will improve upon the proposed system but are not necessarily required to fulfill the intent of the engagement. Such suggestions may, however, be incorporated in a separate, yet concurrent or subsequent. engagement. . Changes in the direction and intent will require reworking the soiution design or services. Use the following process to submit changes to the scope of this Statement of Work: . Santa Ana shall provide a documented description of the additional requirements and/or functionality. . HP shall respond to the change request with a quote and any contract modifications. . Santa Ana and HP shall agree upon the changes with respect to scope of work, project schedule, price, and associated terms. . Upon Santa Ana acceptance of the changes and terms, Santa Ana shall provide HP written authorization to deliver services according to the changes and shall provide any additional required funding. Delivery Schedule HP and Santa Ana will negotiate the engagement schedule and actual start date after HP receives a signed purchase order and signed acceptance of the Statement of Work from Santa Ana. Typically, the start date will be within two weeks of P.O. and SOW receipt. and depending on the consultant's availability. The duration for the Peer Review and Thermal Intermediate Assessment will be 3 to 4 weeks from the site visit. Data Center Services Feb. 1, 2007 Proposal 10: T1A_20061101 Santa Ana Version: 1.0 Use or disclosure of information on this page is subject to HP's Proprietary Notice of this document. City of Santa Ana 5 ~~. inv.nl Payment and Pricing HP is pleased to offer this Thermal Quick Assessment for $8,900. This price is fixed and includes all labor hours, travel and lodging, and miscellaneous expenses associated with the delivery. All applicable taxes and fees apply. This price does not include expenses for any labor or materials provided by Santa Ana to aid HP in the delivery of this service. HP will invoice Santa Ana upon project completion. The project will be completed once an email obtaining the Statement of Work is received. The Santa Ana purchase order should reference the following: Proposal ID: TIA_20070201_City of Santa Ana Product Number: HA536AE Description: Peer Review and Thermal Intermediate Assessment Price: $8,900 Payments are due within thirty (30) days from the date of invoice. This Statement of Work is valid for thirty (30) days from the date of issue identified on the cover page of this Statement of Work. Data Center Services Feb. 1, 2007 Proposal 10: TIA_20061101 Santa Ana Version: 1.0 Use or disclosure of information on this page is subject to HP's Proprietary Notice of this document. City of Santa Ana 6 (Ail" in..nt Approval and Signature City of Santa Ana Information Delivery Address Ill1vOlce Address City of Santa Ana 20 Civic Center Plaza Santa Ana, CA. 92701 George Blessing 7146476531 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA. 92701 Entire Agreement and Order of Precedence This document and the services described herein are governed by the HP Consulting Services Terms and Conditions - Exhibit SCSA (Brief) (the "Terms and Conditions"), incorporated herein by this reference. This document and the governing Terms and Conditions including any referenced exhibits and appendices, constitute the entire agreement between HP and City of Santa Ana and supersede any previous communications, representations, or agreements between the parties, whether oral or written, regarding transactions contemplated hereunder. City of Santa Ana additional or different terms and conditions will not apply. Except as expressly stated in this document, to the extent this document conflicts with the Terms and Conditions, the Terms and Conditions will take precedence. Signature Signature on this Statement of Work indicates City of Santa Ana acceptance of this Statement of Work and the governing Terms and Conditions. Combined with a valid purchase order, the City of Santa Ana signature constitutes authorization for HP to begin work as well as issue an invoice as described in the Payment & Pricing section above. City of Sclnta An<1 I flewlett-P<1ckdrd Compdny By: See Attached Si tu:re Pa e. Name: By: Title: Date: Data Center Services Feb. 1, 2007 Proposal 10: TIA_20G611 01~Santa Ana Version: 1.0 Use or disclosure of information on this page is subject to HP's Proprietary Notice of this document. City of Santa Ana 7 The City of Santa Ana accepts Hewlett Packard's Statement of Work set forth in Proposal TIA_20061101_Santa Ana, and the terms and conditions attached thereto. ATTEST: C~O~a DAVID N. REAM City Manager -., ---, /- ~ , -------- ''c...; -- PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: fl." -1-k , RECOMMENDED FOR APPROVAL: '::\c\\\',,,,,,, \. ",!;, A ) ~ :--.'I:t:, ~ FRANCISCO GUTIERREZ Executive Director Finance and Management Services PilO I"".", Please sign two copies of this document and return both to HP at the address below accompanied by your purchase order. Facsimile is acceptable. HP will sign and return one copy to your attention. Hewlett-Packard Company Attention: Kathleen Sera no 8000 Foothills Blvd., Mail Code 5517 Roseville, California 95747 Fax: Phone: 916-785-7698 916-785-7668 Direct all questions to Xavier Ornelas, (562)480-9360_ oala Center Services Feb, 1, 2007 Proposal ro: TIA_200611 01_5anta Ana Version: 1.0 Use or disclosure of information on this page is subject 10 HP's Proprietary Notice of this document. City of Santa Ana 8 (h~. invent Terms & Conditions 1. CONSULTING SERVICES AND DELIVERABLES HP Consulting Services Terms and Conditions - Exhibit SCSA (Brief) a) HP Consulting Services. HP will provide to Customer the services of a consulting nature (the "Consulting Services") and the work product (the "Deliverables") described in the proposal and statement of work to which these Terms and Conditions are attached (jointly the "Statement of Work"). The Consulting Services will be based, in whole or in part, upon information made available by Customer to HP during this engagement. b) Acceptance. Acceptance of Consulting Services and Deliverables will occur upon BP's performance of the Consulting Services and delivery of the Deliverables to Customer. 2. INTELLECTUAL CONFIDENTIALITY PROPERTY RIGHTS AND a) Intellectual Property Rights. Neither party will gain by virtue of these Terms and Condi tions (the "Terms") any rights of ownership of copyrights, patents, trade secrets, trademarks or any other intellectual property rights owned by the other. HP will own all intellectual property rights, title and interest in any ideas, concepts, know how, documentation or techniques developed under these Terms. Customer hereby gives HP permission to internally use, copy, make derivative works of, distribute, display, perform, and transmit Customer's pre-existing copyrighted works or other intellectual property rights to the extent necessary for HP to perform its obligations under the Statement of Work and these Terms. HP grants Customer a non exclusive, non-transferable, royalty-free right to use the Deliverables solely in the country{ies) in which Customer does business and solely for Customer's internal use. b) Confidentiality. HP and Customer agree that all information exchanged between them is not confidential unless they have entered into a separate confidential disclosure agreement. 3. PAYMENTS a) Fees and Taxes. Customer will pay to HP the fees specified In the Statement of Work. In addition, Customer will reimburse HP for any out of pocket expenses reasonably incurred by HP in connection with the performance of the services, including travel and travel-related expenses, unless otherwise stated In the Statement of Work. Prices do not include sales, use, service, value added or like taxes or customs duties. Such taxes and duties, when applicable, will be added to HP's invoices. b) Payment Terms. All payments will be made within 30 days of the date of invoice. These credit terms are subject to HP credit approval. HP may change credit terms upon reasonable notice at any time when, in HP's opinion, Customer's financial condition, prevlous payment record, or the nature of Customer's relationship with HP so warrants. c) Time of Payment. If Customer fails to pay, when due, any amount payable hereunder, Customer agrees to pay, in addition to any amount past due, interest accrued thereon at the lesser of one percent (1%) per month or the maximum allowable interest under applicable law from the due date, until paid ln full. Customer also agrees to pay all reasonable expenses (including reasonable attorneys' fees) incurred by HP in collecting any amounts payable hereunder. 4. WARRANTIES AND DISCLAIMER OF WARRANTIES a) warranty. perform its recognized standards. b} Third Party Hardware, Software, and Other Materials. HP will have no liability to Customer arising from or relating to and does not warrant any hardware, software or materials supplied under another agreement or by third parties ("Third Party Materials"), including, but not limited to, the selection thereof or failure of such Third Party Materials to perform in accordance with specifications or any defects therein. Responsibility for the selection of Third Party Materials, and any performance or functionality lssues, or defects therein, will lie solely with Customer and/or the supplier{s) thereof. HP warrants services commercial that it will using generally practices and c) Warranty Disclaimer. THE WARRANTY CONTAINED IN THIS SECTION 4 IS IN LIEU OF AND HP EXPRESSLY DISCLAIMS, AND CUSTOMER HEREBY EXPRESSLY WAIVES, ALL OTHER EXPRESS WARRANTIES OR CONDITIONS, AND ALL OTHER WARRANTIES, CONDITIONS, AND OBLIGATIONS IMPLIED IN LAw, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 5. REMEDIES AND LIABILITIES a} Liability and Limits. HP'S AGGREGATE LIABILITY TO CUSTOMER FOR ANY REASON AND UPON ALL CLAIMS AND CAUSES OF ACTION HEREUNDER WILL BE LIMITED TO THE AMOUNT OF FEES PAID BY CUSTOMER FOR THE CONSULTING SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORTS. IN NO EVENT WILL HP BE LIABLE Exhibit SCSA (Brief) Page 1 Revision Date 11-April-2002/2-August-2002 Revision Number 0 (hiJO I.."."t FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF PROFITS OR LOSS OF SAVINGS OR REVENUE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. b) Timeliness of Action. In no event any action be brought against HP more one year after the cause of action accrued. c} Allocation of Risk. The parties understand and agree that, to the extent permitted by applicable law, the foregoing exclusions and limitations of liability represent the parties' agreement as to allocation of risk between them in connection with their respective obligations under these Terms. The fees payable to HP reflect, and are set in reliance upon, this allocation of risk and the exclusions and limitations of liability set forth in these Terms. will than has 6. TERM AND TERMINATION a) Term. The Terms will remain in effect until completion of the Consulting Services unless terminated earlier in accordance with the provisions set forth below. b) Termination for Cause or Insolvency. These Terms and the attached Statement of Work may be terminated immediately upon written notice: 1) By either party, material breach of hereunder and fails within 3D days of notice by the other the material breach; 2) By BP, if Customer fails to pay any amount due HP hereunder and does not cure such default within ten (ID) days of the date payment is due. HP may suspend performance of Consulting Services during the cure period without prejudice to its right to terminate hereunder; if the other party 1S 1n any of its obligations to remedy such breach receipt of a written party which specifies 3) By either party, if a receiver, liquidator or trustee of the other party is appointed by court order or receivership, inSOlvency or bankruptcy proceedings are commenced or a petition is filed by or against the other party under any applicable liquidation, conservatorship, bankruptcy, moratorium, insolvency, reorganization or similar laws or the other party makes an assignment for the benefit of its creditors, admits in writing its inability to pay its debts generally as they become or otherwise takes any action or causes any action to be taken which the other party reasonably believes will cause the acting party to be unable to perform its financial obligations under these Terms. c) Termination for Convenience. If these Terms apply to for work to be performed on a time and expense basis, it may be terminated by either party at any time upon thirty (3D) days' advance notice. d) Rights After Termination. Upon termination of these Terms and the Statement of Work to which they are attached, Customer will pay HP for all consulting Services performed and charges and expenses incurred by HP up to the date of termination, and Customer will receive all work in progress for which Customer has paid. 7. MISCELLANEOUS a} Dependencies. Customer will comply with the general obligations specified in these Terms together with any specific Customer obligations described in the Statement of Work, in a timely manner. Customer acknowledges that HP's ability to deliver the Consulting Services is dependent upon Customer's full and timely cooperation with HP, as well as the accuracy and completeness of any information and data Customer provides to HP. b) Similar Services. Nothing in these Terms will prohibit HP from providing Consulting Services similar to those provided hereunder to other customers. c) Hiring of Employees. Customer agrees not to solicit, or make offers of employment to or enter into consultant relationships with, employees or consultants of HP if such person was involved, directly or indirectly, in the performance of the Consulting Services governed by these Terms, wi thin a one (1) year period of the cessation of such employment or consultant engagement; provided, however, that nothing contained herein will prevent a party from hiring any such employee or consultant who responds to a general hiring program conducted in the ordinary course of business or who approaches such party on a wholly unsolicited basis. d) Export Regulation. Customer will comply with all applicable export laws. e) No publicity. Neither party will publiCize or disclose to any third party without the consent of the other party, either the price or other provisions of these Terms or the fact of its existence and execution, except as may be necessary to comply with other obligations stated 1n these Terms or the Statement of Work. Notwithstanding the foregoing, HP may use Customer's name and identify this engagement in connection with general lists of clients and experience. f) Independent Contractor. Nothing contained in these Terms will be construed as creating a joint venture, partnership or employment relationship between the parties hereto, nor will either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other. HP will not be responsible to perform any regulatory or contractual obligation of Customer and does not assume Exhibit SCSA (Brief) Revision Date 11-April-2002/ 2-August-2002 Page 3 Revision Number 0 . [Ap:)" in".nt any responsibility for Customer's business operations. g) No Assignment. Except with respect to HP's rights regarding the use of subcontractors, neither party may assign any rights or obligations under these Terms or any Statement of Work without the prior written consent of the other party, provided however that HP may asslgn its rights and obligations hereunder to an affiliated entity at any time upon written notice to Customer. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. h) Force Majeure. Neither party will be liable for performance delays or for non performance due to causes beyond its reasonable control. i) Notices. Any notice provided pursuant to these Terms, if specified to be in writing, will be in writing and will be deemed given: (a) if by hand delivery, upon receipt thereof; (b) if mailed, three (3) days after deposit in the mail of the country where sender lS located, postage prepaid, certified mail return receipt requested; (cl if by next day delivery service, upon such delivery; or (d) if by facsimile transmission or electronic mail, upon confirmation of receipt. j) Waiver. Neither party's failure to exercise any of its rights under these Terms will constitute or be deemed a waiver or forfeiture of those rights. k) Severability. of these Terms is unenforceable, enforceability Terms will not If any term or provision held to be illegal or the validity or of the remainder of these be affected. 1) Precedence. In the event of conflict between the provisions of these Terms and any attached exhibit or Statement of Work, the provisions of these Terms will to the extent of such conflict take precedence unless the Statement of Work expressly states that it is amending these Terms. m) Entire Agreement. These Terms and Conditions and the Statement of Work to which they are attached constitute the entire agreement between HP and Customer and supersede any prior or contemporaneous communications, representations or agreements between the parties, whether oral or written, regarding the subject matter of these Terms. Customer's additional or different terms and conditions will not apply. These Terms may not be changed except by an amendment signed by an authorized representative of each party. n) Survival of Provisions. Sections 3, 4 and 5 of these Terms and Conditions, and all provisions of these Terms relating to proprietary rights, confidentiality, non- disclosure, and non-solicitation will survive the completion to the Consulting Exhibit SCSA (Brief) Revision Date 11-April-2002/ 2-August-2002 Services Terms. 0) Applicable Law. These Terms are made under and wl11 be construed in accordance with the laws of the State of California without giving effect to that state's choice of law rules. or termination these of any Page 3 Revision Number 0 11 31 2 0 IT 19 aM W Certificate oflnsurance 3 !,~ Pari: of "="=~il 'his l;er1lfkat'~ is furnished to you as a matter Ofinform~i~n~~:.~~~~ ;o~a~~u~:~~~~~S~he issue of this cet1lflc~,te docs not amend Of aLlf 'lie ji IIJv~rage affOlded by the policies listed on Ihe: ccrtiticutc. Notwithstanding llny requirement. lenn or condition of any contral~t or other document wilh ;'C: "Cl I ~.:~hich this (eniDcll.te i,~~sued, the: insurance afforded by the policies listed on thiS cert.ticate is subject to aU teons of such policies. ::=.:~:~.=: [~:hiS ccrtifi(:a!,) cancels and supersedes any and all priorcertifkate5 issued on behalf of the named in:surcd to Lhl:: ee:rtifit;8.le holder desigllllted helm" .._ ..___1 < <ERTlPI('AIJ'1t I city of Sauta Ana ISSUING upeo. Xavier Ornc:as ..- "--1 ,'~g~~i;s~r,D 20 Civ'..c Center Plaza ~g~~~~~AND HewJett-Packard Company I I:,a:'lta Ana, CA 92702 PERSON: 2125 E. Kat,,'lla ~l.VI~, Suites 400 __ Anaheim, CA 92B06 = .. J [;oc-mON~[ Same as certificate holder II TELEPHO~[: II (562) 480 - 9360 I mSK: ----.J "'.,:::' [ - .; J Policy POIi" I (:oYcl1lge Company & Policy Numb~r ErrcctiveDale E1(1lrltlonDIIIf' LimitofLiabilit; (mm/dll/yyyy) (mm/dd/YlYY) 't'ORKERS' COMPI<:NSATlONI Old Republic Insurance Co.: 9130/2006 9130/2007 Statuto!)' Workers' I:MPLOYEIlS' LIABILITY MWCII 187900 Compensation Limil:; :IrrlCl,.: a. Ail St;.te::Coverage Employers' LiabililY . ~t : b. U,S, lon~shoremen & Harbor All stales except CA, W A, CO, I Each Accident Ir;;.oo' "lockers and OR c Maritime [";""'.E"h toc; Work Comp excludes WY, WV, J:mploycc OH, and ND U.,;'''". [:0: Policy Limit , - ''OMPREHI NSIVE (.;ENF:RAI, Old Republic Insurance Co.: 9/3012006 9/3012007 ljodily JnJury/Proper<y I ;, IABILlTY, lNCL PfRSOl\'AL MWZY 57279 I Comb;,," S;081, lAm;! :IIl,Jl:RY & PROPERTY ~,2. 500 ,000 Per Occlfre, OAMAGE IJI'CL.: I fl Premi~c5, Operation'; b lnllcptlxlentContrw.:tur I~~b {; Cuntrllct:al Llabi]it" -;:.:r~ d Compiehd i 'pe-rlltions,'Pr'ldu~l~ iL e Exp)o~io'l, Undcrgr'.>und & l:oLapse I (XCl.JtO\erage) " -= [J <ITO~'''''W'J Old Republic Insurance Co.: 9/30/2007 Bodily InJury/Property { a Owner Vehicles MWTB 19639 Combined Single LhCiil b L.ease, VehIcles I ~,2.500,OOO Per ACClderJ \; Hl(cd '/t~llt;lt:s I, d Non-oNn;dVehlcles .. ..---- ~ "--- i::X CESS I.l~ BrUTV Tall Tree Insurance Co,: 9130/2006 9/3012007 n 5:500.000 Combined Sim 470-IXL0027 ~~ Limit ExceS5 ofS2,51)C,( .. :l~)rUndl;'rlYingpOlici':'s i ~~_I ~;=.=I ~-'-I ~:~= I :m :,~t ;:e IfEWLETr-PACKARTJ CO 3000 HAt\OVI-:.R STREET I ,.___PALO ALTO, CA 94304 ~-,._-- I I I[ ~] [ " I : := i[<OfES' ~~'""'I"'''' I In III I I _ :[ ~e. 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