Loading...
HomeMy WebLinkAbout2018 Resolution No. 026RESOLUTION NO. 26 SERIES OF 2018 A RESOLUTION A WARDING A CONTRACT FOR THE PURCHASE OF A DATA CENTER AND BUILDING SWITCHES TO BE INSTALLED IN THE NEW ENGLEWOOD POLICE DEPARTMENT HEADQUARTERS, UNDER THE TERMS OF A STATE OF COLORADO COOPERATIVE PURCHASING AGREEMENT WITH HIGH POINT NETWORKS, LLC. WHEREAS, Section 116(b) of the Englewood Home Rule Charter, allow contracts for public works or improvements associated with capital improvements to be negotiated, provided that contracts for which no competitive bids have been requested are approved and accepted by Resolution setting forth the reason for the exception to the competitive bidding requirement; WHEREAS, Section 4-1-3-1 of the Englewood Municipal Code 2000 allows for the purchase of materials, equipment, machinery or devices without competitive bids where the standardization of such materials and equipment is necessary to ensure the proper functioning of existing equipment, machinery or devices and/or to prevent the duplication of existing equipment; WHEREAS, the new Englewood Police Department requires installation of a new data center along with the building switches, which are imperative for the new network to interface with the City's network; WHEREAS, the City, as a municipality, has the opportunity to take advantage of the pricing offered through the WSCA-NASP Cooperative Purchasing Organization, which has been utilized by the State of Colorado and is available for local jurisdictions to take advantage of the pricing structure negotiated through the cooperative bidding process; WHEREAS, the funds for these technical improvement purchases would come from the Police Headquarters bond premium which allows, to the extent funds are available, to address Safety Service needs; and WHEREAS, the cost of the installation of the data center and building switches under the cooperative purchasing agreement is $63,798 .00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. The Englewood City Council hereby authorizes the purchase and installation of a new data center along with the building switches for the new Englewood Police Building from High Point Networks, LLC, in lieu of the internal competitive bid process, in the amount of $63.798.00, as set forth in the High Point Networks, LLC Proposal, attached hereto as Exhibit A. 11.2 ADOPTED AND APPROVED this 17'11 day of December, 2018. ATTEST: I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereb certify the above is a true copy of Resolution No. 26, Series of 2018. 212 PROPOSAL PROPOSAL NAME: New building Fabric Network ►► PREPARED FOR: City of Englewood Jeromy King 1000 Englewood Parkway Englewood, CO 80110 J King@englewoodco.gov ►► PREPARED BY: Elmar Cannon High Point Networks, LLC. Direct/Mobile/Fax: 970-541-7887 elmar.cannon@highpointnetworks.com HIGH .,~ POINT NETWORKS ,_ PROPOSAL DATE: October 17, 201a ------------ 8 7 7. 8tJ0. 64 59 www H 1g h Po1ntNetworks. com s<1 les@h1 g hpomtnetworks. com HIGH .... POINT NETWORKS ~ New building Fabric Network Completion Date: TBD P.O.C(s): Jeromy King Site Address: Data Center and new building switching, Scope of Work: HPN Responsibilities: Network switches: Provision Switches Configure switches per High Point Networks Best Practices Document and diagram new switch environment Review network design and determine if any changes are required Project Management NAC installation services: Trusted Devices/Untrusted Devices determined via AD or attribute Basic terms and conditions page setup including customer logo Email will be sent to notify that someone has connected to the guest network Hands~on and Over the Shoulder Knowledge Transfer Test NAC Quote Information: Quote #: 075686 Version: 4 Delivery Date: 10/17/2018 Expiration Date: 10/31/2018 Policy enforcement and authentication with up to 4 corporate devices (Win8, Win 7, WinXP, non-Windows) Client Responsibilities: The client will provide the current switch config for their old switches to be replaced to our engineers The customer will provide access to the remote environment that might be required Provide rack space and power Internal communications for any down times duri ng cut overs Exclusions: Elements that we are not going to do Store, Track or Dispose of existing equipment Test cabling to verify proper connectivity Pu ll cables to new locations Mount Point to Point APs Patch Cables Change Control: In the event that it becomes necessary to alter the scope of work, High Point Networks will initiate contact with the company's point of contact to work out the details associated with impacts to schedules, deliverables and/or financial commitments. No changes to the scope of work will occur without prior 2919 West 17th Avenue Ste 201, Loni:imont, CO 80503: www.Hii:ihPointNetworks.com HIGH .A POINT NETWORKS- New building Fabric Network Data Center Quote Information: Quote #: 075686 Version: 4 Delivery Date: 10/17/2018 Expiration Date: 10/31/2018 , -O~y-=. ~~ -~ _;-De sen pt1on ·----=-__ . _ _ ctj L.__ Ex t ~~ 1 EC7200E4B-E6 VSP 7254XTQ Port-Licensed 54-port Ethernet Switch, initially supporting $9,917.00 $9,917.00 24 x 10GBASE-T & 4 x 40GBASE-QSFP+ ports. Includes single 800W AC Power Supply and Power Cord, Back-to-Front Air?ow, and Base Software License. Slide Rack Mount Kit sold separately. 1 95604-H35293 95604 H35293 EC7200E4B-E6 PartnerWorks $1,348.00 $1,348.00 Plus NBD AHR 1 EC7205A 1 F-E6 VSP 7200 460WAC SPARE POWER SUPPLY FRONT TO BACK $342.00 $342.00 COOLING (NO POWER CORD) 1 EC8011002-E6 VSP 8000 Chassis Universal Slide Rack Mount Kit (300mm -900mm) $244.00 $244.00 1 10061 Pwr Cord,10A,NEMA 5-15P,C13 Pwr Cord,10A,NEMA 5-15. $7.00 $7.00 2 10301-OEM OEM -1 0GBASE-SR SFP+ 850nm Transciever $145.00 $290.00 Optic to link to new building 1 10302-OEM LR SFP+ Module 10 Gigabit Ethernet SFP+ module, 1310nm, SMF 10km $165.00 $165.00 link, LC connector Subtotal: $12,313.00 MDF 1 EC7200E4B-E6 VSP 7254XTQ Port-Licensed 54-port Ethernet Switch, initially supporting $9,917.00 $9,917.00 24 x 10GBASE-T & 4 x 40GBASE-QSFP+ ports. Includes single 800W AC Power Supply and Power Cord, Back-to-Front Air?ow, and Base Software License. Slide Rack Mount Kil sold separately. 1 95604-H35293 95604 H35293 EC7200E4B-E6 PartnerWorks $1,348.00 $1,348.00 Plus NBDAHR 1 EC7205A 1 F-E6 VSP 7200 460WAC SPARE POWER SUPPLY FRONT TO BACK COOLING (NO POWER CORD) $342.00 $342.00 1 ECS0 11002-E6 VSP 8000 Chassis Universal Slide Rack Mount Kit (300mm -900mm) $244.00 $244.00 1 10061 Pwr Cord,10A,NEMA 5-15P,C13 Pwr Cord,10A,NEMA 5-15, $7.00 $7,00 2 10301-OEM OEM -10GBASE-SR SFP+ 850nm Transciever $145.00 $290,00 Optic to link to new building 1 10302-OEM LR SFP+ Module 10 Gigabit Ethernet SFP+ module, 1310nm, SMF 10km $165.00 $165.00 link, LC connector Subtotal: $12,313.00 2919 West 17th Avenue Ste 201, LonQmont, CO 80503 : www.HiQhPointNetworks.com HIGH .,A POINT NETWORKS N New building Fabric Network 1st Floor Quote Information: Quote #: 075686 Version: 4 Delivery Date: 10/17/2018 Expiration Date: 10/31/2018 Qty 'item ;1Descript1on ----1[ P~f ~t.'Pric~ ---~ ............. ------~-----. -...------1~-.. ------ 4 16535 X440-G2-48P-1 0GE4 $2,410.00 $9,640.00 Provides 48 ports of Ethernet POE+ 4 97004-16535 ExtremeWorks Support 24x7 TAC and Software Updates 1 Year H30505 $284.00 $1,136.00 2 16542 Dual 10GbE Upgrade License $369.00 $738.00 4 10099 PWR CORD,15A,USA,NEMA5-15,C15: Power Cord, 15A, USA, NEMA5-$13.00 $52.00 15, IEC320-C15 3 10304-OEM 1 M 1 0G SFP+ Transceiver w/ Copper Twinax $65.00 $195.00 Stacking Cable 1st floor 1 10305-OEM 3M 1 0G SFP+ Transceiver w/ copper twinax $65.00 $65.00 Longer stacking cable to return to top switch 1 10301-OEM OEM-10GBASE-SR SFP+ 850nm Transciever $145.00 $145 .00 Optic to link to MDF Subtotal: $11,971.00 2nd Floor [0t~:J11em-----□e scnpt1on ---~--------.--.-.-----------1[ --~ --~. P~~ce, 3 16535 X440-G2-48P-1 0GE4 $2,410.00 $7,230.00 Provides 48 ports of Ethernet POE+ 3 97004-16535 ExtremeWorks Support 24x7 TAC and Software Updates 1 Year H30505 $284.00 $852.00 1 16542 Dual 1 0GbE Upgrade License $369.00 $369.00 3 10099 PWR CORD, 15A,USA,NEMA5-15,C15: Power Cord, 15A, USA, NEMA 5-$13.00 $39.00 15, IEC320-C15 3 10304-OEM 1 M 1 0G SFP+ Transceiver w/ Copper Twinax $75.00 $225.00 Stacking Cable 1st floor 1 10305-OEM 3M 10G SFP+ Transceiver w/ copper twinax $65.00 $65.00 Longer stacking cable to return to top switch 1 10301-OEM OEM -1 0GBASE-SR SFP+ 850nm Transciever $145.00 $145.00 Optic to link to MDF Subtotal: $8,925.00 2919 West 17th Avenue Ste 201, LonQmont. CO 80503: www.HiQhPointNetworks.com HIGH .A POINT NETWORKS - New building Fabric Network Point to Point wireless 2 31018 Extreme Networks ExtremeWireless AP3965e Outdoor Access Point - Wireless access point -802.11 a/b/g/n/ac -Dual Band 2 95604-31018 31018 PartnerWorks Plus NBD AHR 2 WS-AO-Extreme Networks -Antenna -outdoor -23 dBi 5O23009N 12 WS-CAB-Access Point Antenna Port Terminator (R-SMA Plug 50 OHM 1 W) - RPSMATERM Required to Terminate Unused Ports in Outdoor Installations Extreme MGT 1 27001 ExtremeManagement Control & Analytics Subscription License (Requires Associated Service for Each Managed Device) -VOUCHER 21 97201-27001 EW SWScript less than 9 Port AP -27001 This Year Term: 365 Days 2 97202-27001 EW SWScript 9 to 35 Port -27001 This Year Term: 365 Days 2 97203-27001 Extreme Networks Extreme Management Center -Subscription license - 1 device, up to performance limit -Linux, Win -for PIN: 27001 HPN Service Bundle 1 PROSERVE-PKG High Point Networks Professional Services defined in the pdf online or above in this document Quote Information: Quote #: 075686 Version: 4 Delivery Date: 10/17/2018 Expiration Date: 10/31/2018 $1,376.00 $2,752.00 $219.00 $438.00 $1,231.00 $2.462.00 $19.00 $228.00 Subtotal: $5,880.00 $50.00 $50.00 $80.00 $1,680.00 $321.00 $642.00 $482.00 $964.00 Subtotal: $3,336.00 $9,060.00 $9,060.00 Subt otal: $9,060.00 2919 West 17th Avenue Ste 201, LonQmont. CO 80503 : www.Hii:ihPointNetworks.com HIGH .,A POINT NETWORKS ~ New building Fabric Network Prepared for: City of Englewood Attn: Jeromy King 1000 Englewood Parkway Englewood, CO B0110 Quote Summary Data Center ,MDF 1st Floor 2nd Floor Point to Point wireless Extreme MGT HPN Service Bundle Quote Information: Quote #: 0756B6 Version: 4 Delivery Date: 10/17/2018 Expiration Date: 10/31/2018 Prepared by: High Point Networks, LLC Elmar Cannon Direct: 970-541-788 7 elmar.cannon@highpointnetworks.com Total: $12,313.00 $12,313.00 $11,971.00 $8,925.00 $5,880.00 $3,336.00 $9,060.00 $63,798.00 For questions related to your quotation. please contact us using the information above. By signing below, the unders gned accepts High Point Network$ Master Service Agree=nt end represents that he or she ,s authorized to execute the agreement on behall of the customer Acceptance ol the quote online is considered acceptance or an offer and bonding. Alt quotes are subject to shipping costs that may not be listed on the quote. Prices quoted are valid for 30 days lrom Ouotahon Date, Limitation of LlablUty for Consequential Damages. High Point Networks l LC shall not be liable for any indirect, incidental, consequentcal, exemplary, or punitive damages of any kind or nature. AU IP Telephony and projects exceeding 1 O hours of service wiU require a 50% down payment of the total project due upon acceptance of tha quotation and the remainder due within 30 days of complet,on. Payment ror all other orders are due in 30 days subject to eredit approval. Credit card usage as a form of payment may be accepted on pre-approval ba sis and may be subject to a convenience fee, ·OpUonal" items on the above quota are not i nduded in the total pricing at the bottom of the quota. Nole Once product ~ ordered and shipped there is NO ri ght of return and may be subject to a restoel<ing lee. Product cannot be returned ii ordered In error, Product cannot be returned ii ne,t generation product has been ralaased, Signature Date 2919 West 17th Avenue Ste 201, LonQmont, CO 80503: www.Hii;ihPointNetworks.com E Extreme· Conncc;t Bc,yond 1he Network Highlights Hardware Models • 12. 24, and 48-port GbE models • 4 x lGbE available uplink ports upgradeable to l0GbE vi a software license (except for extended temperature models) • SFP, Copper PoE-Plus, non-PoE and 100Base-FX models • Extended o~c to 60°C operating range models • Two SummitStack-V stacking ports (except for extended temperature models) enable up to 8 switches to be stacked together • All configurations non-blocking full duplex • l0GbE LRM suppo rt o n 48-port switch models Features • Side-to-side, left-to-right airflow • Fix@d power supplies, along with RPS • Full PoE-Plus 30W power on 48-port models • DC Power option • Energy Efficient Ethernet • 10MB/100MB half-duplex support • Role-based policy capabilities allow individualized access to specific applications or services • ExtremeCloud'" cloud-based management on select models • Extreme Management Center Support WWW.EXTREHENETWORKS.COH Data Sheet ExtremeSwitching™ X440-G2 Scalable Cost-Effective Edge Switch with ExtremeXOS Modular Operating System Product Overview The ExtremeSwitching X440-G2 series is a scalable cost-effective family of edge switches powered by Extreme Networks ExtremeXOS, a highly resilient OS providing continuous uptime, manageability and operational efficiency. The X440-G2 series switches provide high-performance routing and switching, flexible stacking, PoE-plus support and comprehensive security, while extending the benefits of ExtremeXOS to the campus edge. The X440-G2 Series easy-to-use, yet powerful, management services include role-based policies for controlled access to specific network applications. Select X440-G2 Series switches can also be cloud-managed via ExtremeCloud'", Extreme Networks innovative single-pane subscription- based management solution. Intelligent Switching The X440-G2 Series supports sophisticated and intelligent Layer 2 switching, as well as Layer 3 1Pv4/1Pv6 routing. They also support role- based policy capabilities, Provider Bridges, bidirec tional Ac cess Control Lists, as well as granular (8 Kbps) ingress/egress bandwidth control. Altogether, these enable fine-grained control over traffic flows, as well as controlled access to specific network services and application. Flexible 10GBE Port Upgrades All X440-G2 base models come equipped with 4 upgradeable lGbE ports, resident on either the faceplate or rear panel of each model. These lGbE ports can be upgraded to lOGbE Ethernet v ia a simple software license. This gives admin istrators the option to increase switch uplink speeds without replacing the entire switch. Notes: 10GbE upgrades are not supported on extended temperature models. The two rear-panel 1Gbl: copper combo ports on the 48 port switches become TOGBase-T ports when either 10GbE license is applied to the rear-panel SFP/SFP+ ports. High-Performance Stacking ExtremeXOS SummitStack-V capabilities allow up to eight X440-G2 switches to be stacked together via two of the native X440-G2 stacking ports. SummitStack-V allows use of standard 10Gb Ethernet cabling and optics technologies, providing longdistance stacking connectivity of up to 40 Km while eliminating the cable complexity of non-standard stacking options. X440-G2 switches can be stacked with other X450-G2, X460-G2, X670-G2 and X770 switches via SummitStack-V so long as all are running the same version of ExtremeXOS. Note 1: SummitStack-V uses two of the four available uplink ports on the X440·G2 and runs a 10Gb non-Ethernet stacking protocol. These stacking ports DO NOT require a TOGbE software license, and can take full advantage of standard SFP+ transceivers. Note 2: Extended temperature range switches do not support stacking. IEEE 802.3AT Poe-Plus X440-G2 Series switches support both IEEE 802.3at PoE-Plus and IEEE 802.3af PoE to enable connection of standards compliant PoE devices today and into the future. Power over Ethernet allows connection of Ethernet- powered devices. such as wireless access points, Voice over IP phones, and security cameras. The X440-G2 can also support full PoE-Plus 30W power across all 48 ports with an external redundant power supply (RPS). Role-Based Policy The X440-G2 supports role-based policies that can be centrally adm inistered through the ExtremeManagement (formerly Netsight) policy manager. This policy framework empowers network administrators to define d istinct roles or profiles to represent i ndustry-specific operational groups that may exist in an education or a business environment (e.g., administrator, teacher, student, guest). Each defined role can then begranted individualized access to specific network services and applications and these access privileges remain associated w ith users as they move across both wired and wireless network access points. ExtremeCloudTH Management Provides a s ingle plane of glass for cloud managing both the wired and w ire less components of your network. Zero touch provisioning also signi ficantly reduces deployment WWW.EXTREMENETWORKS.COH times. Select X440-G2 models have been enabled for use with ExtremeCloud. See the ExtremeCloud Data Sheet for details. USB 2.0 Support All X440-G2 switches have a USB 2.0 port that is supported as a port to a storage device for all EXOS versions of 22.1 or higher. Extended Temperature Range Support The X440-G2 include three switch models that support o•c to 60°C operating range (Models 16539, 16540 and 16541) to address the unique environmental needs of specific industries and/or locations. Comprehensive Security Management The X440-G2 provides comprehensive security, including: • User policy and host integrity enforcement, and identity management. • Universal Port Dynamic Security Profiles for fine granular security policies across the network. • Threat detection and response instrumentation to react to network intrusion. • Denial of Service (DoS) protection and IP security against man-in-the-middle and DoS attacks. These features ensure both the security of the network and of users accessing the network. Audio Video Bridging (A VB) The X440-G2 series supports IEEE 802.1 Audio Video Bridging to enable reliable, real-time audio/video transmission over Ethernet. AVB technology delivers the quality of service required for today's high-definition and time-sensitive multimedia streams. Note· Only 24 ports on either the 24 or 48 port models support AVB. Ordering Notes All X440-G2 switches ship with fixed fans and power supplies: • All the X440-G2 switches support optional external redundant power supplies (RPS). • The following three switch models that support OC to 60C are NOT u pgradeable to lOGbE: • X440-G2-24fx-GE4 • X440-G2-12t8fx-GE4 • X440-G2-24t-GE4 2 Specifications Maximum Maximum Active 1Gb Switch Model 10/100/1000 Base•T Ports SFP Ports X440·G2·12t·10GE4 12 4 X440-G2·24t-10GE4 24 8 (4 + 4 Combo) X440•G2•48t·10GE4 48 8 (2 + 6 Combo) X440•G2·12p•10GE4 12 4 X440•G2·24p•10GE4 24 8 (4 + 4 Combo) X440•G2·48p·10GE4 48 8 (2 + 6 Combo) X440·G2·24t-10GE4·DC 24 B (4 + 4 Combo) X440-G2·48t-10GE4· 48 8 (2 + 6 Combo) DC X440·G2·24x•10GE4 4Combo 28 (24 + 4 Combo) X440-G2-24fx-GE4 24 100 Base-FX 4 X440·G2· 12t8fx·GE4 12 10/100/1000 + 4 8 100 Base•FX X440-G2·24t-GE4 24 10/100/1000 4 '2 70GBase-T combo ports •-with 10Gb licenses if available with license • Less than 4 microsecond latency (64-byte) • Layer 2/MAC Addresses: 16K • IPv4 LPM Entries: 480 • IPv4 Hosts: 1000 • IPv6 LPM (64-bit) Entries: 240 • 4092 user-created VLAN/VMANs • 9216 Byte Max Packet Size (Jumbo Frame) • 128 load sharing trunks, up to 8 members per trunk • 1,024 ingress bandwidth meters, 256 egress meters • Ingress and egress bandwidth polic ing/rate limiting per flow/ACL • 8 QoS egress queues/port • Egress bandwidth rate shaping per egress queue and per port. • Rate Limiting Granularity: 8 Kbps • Half-duplex 10/100 supported on the following 10/100/1000 ports: • 12 port switches: Ports 1-12 • 24 port switches: Ports H6 • 48 port switches: Ports 1-16 and Ports 25 -40 WWW.EXTREHENETWORKS.COH Maximum 10Gb Aggregated Switch Frame Forwarding SFP+ Ports Bandwidth' Rate• 4 via license 104 GBPS 77.4 MPPS 4 via license 128 GBPS 95.2 MPPS 4 via license 176 GBPS 130.9 MPPS 4 via license 104 GBPS 77.4 MPPS 4 via l icense 128 GBPS 95.2 MPPS 4 via rcense 176 GBPS 130.9 MPPS 4 via license 128GBPS 95.2 MPPS 4 via license• 176 GBPS 130.9 MPPS 4 via license 128 GBPS 95.2MPPS 0 12.8 GBPS 9.5 MPPS 0 33.GGBPS 25.0MPPS 0 56 GBPS 41,7 MPPS • LRM support on rear-panel SFP/SFP+ ports on all 48-port switches • Policy Capabilities • Policy Profiles: 63 • Rules per Profile: Up to 440 • Authenticated Policy Users per Switch: Up to 1.536 • Authenticated Policy Users per Port: Up to 1,536 • Unique Permit/Deny Rules per switch: 440 • MAC Rules: N/A • IPv4 Rules: 256 • 1Pv6 Rules: N/A • L2 Ru les: 184 Rate Limiting: Per Class of Service .3 Specifications (Cont.) Switch Hardware Ports . 12 x 10/100/lOOOBASE-T (RJ-45) . 4 x lGBASE-X SFP (unpopulated front-panel ports) upgradeable to 10Gb Ethernet X440·G2·12t-10GE4 via licensing . 1 x Serial (console port RJ-45) with RTS/CTS modem control . 1 x 10/100/lOOOBASE-T out-of-band management port . Coaxial Barrel Connector RPS port 24 x 10/100/lOOOBASE·T (RJ-45) . 4 x IGBASE·X SFP (unpopulated) combo ports X440·G2·24t•10GE4 4 x IGBASE·X SFP (unpopulated rear-panel ports) upgradeable to 10Gb Ethernet via licensing . 1 x Serial (console port RJ-4S) with RTS/CTS modem control 1 x 10/100/IOOOBASE·T out-of-band management port . 2x7 RPS port . 48 x 10/100/lOOOBASE·T (RJ-45) -4 x lGBASE·X SFP (unpopulated) combo ports . 2 x lGbE copper combo ports upgradable to lOGbE on rear-panel X440·G2·48t-10GE4 . 4 x lGBASE-X SFP (unpopulated rear-panel ports) upgradeable to 10Gb Ethernet via licensing . 1 x Serial (console port RJ-45) with RTS/CTS modem control . 1 x 10/100/lOOOBASE•T out-ot•band management port . 2x7 RPS port . 12 x 10/100/lOOOBASE•T PoE-Plus . 4 x lGBASE·X SFP (unpopulated front-panel ports) upgradeable to 10Gb Ethernet via X440·G2·12p-10GE4 licensing . 1 x Serial (console port RJ-45) with RTS/CTS modem control . 1 x 10/100/lOOOBASE·T out•of•band management port . 2x7 R?S port . 24 x 10/100/lOOOBASE-T ?OE-Plus . 4 x 1GBASE·X SFP (unpopulated) combo ports . 4 x IGBASE·X SFP (unpopulated rear-panel ports) upgradeable to 10Gb Ethernet via licensing X440·G2-24p•10GE4 + 1 x Serial (console port RJ-45) with RTS/CTS modem control + 1 x 10/100/lOOOBASE·T cut-cf-band management port . 2x7 RPS port 48 x 10/I00/IOOOBASE·T PoE-Plus . 4 x IGBASE·X SFP (unpopulated) combo ports . 2 x 1GbE copper combo ports upgradable to IOGbE on rear-panel X440·G2·48p-10GE4 . 4 x IGBASE·X SFP (unpopulated rear-panel ports) upgradeable to 10Gb Ethernet via licensing 1 x Serial (console port RJ-4S) with RTS/CTS modem control . 1 x 10/100/lOOOBASE-T out-of-band management port . 2x9 RPS port . 24 x 10/100/lOOOBASE·T (RJ-45) . 4 x 1GBASE·X SFP (unpopulated) combo ports . 4 x lGBASE·X SFP (unpopulated rear-panel ports) upgradeable to 10Gb Ethernet via llcenslng X>l40·G2-24t-10GE4•DC . 1 x Serial (console port RJ-45) with RTS/CTS modem control . 1 x 10/100/IOOOBASE·T out-of-band management port . 2x7 RPS port . 48 x 10/I00/lOOOBASE-T (RJ-45) . 4 x IGBASE•X SF? (unpopulated) combo ports . 2 x lGbE copper combo ports upgradable to lOGbE on rear-panel X440-G2-48t-10GE4·DC . 4 x IGBASE·X SFP (unpopulated rear-panel ports) upgradeable to 10Gb Ethernet via licensing . 1 x Serial (console port RJ-45) with RTS/CTS modem control . 1 x 10/100/IOOOBASE-T out-of-band management port . 2x7 RPS port + 24 x SFP (unpopulated) . 4 x 10/100/1000 combo ports . 4 x lGBASE•X SFP (unpopulated rear-panel ports) upgradeable to 10Gb Ethernet via licenslng X440-G2·24x-10GE4 . 1 x Serial (console port RJ-45) with RTS/CTS modem control . 1 x 10/100/lOOOBASE·T out-of-band management port . 2x7 RPS port WWW.EXTREMENETWORKS.COM Specifications (Cont.) Swftch Hardware Ports --. 24 X,l00Base-FX -LC connectors . 4 x lGBASE-X SFP (unpopulated front-panel ports) X440·G2·24fx-GE4 . 1 x Serial (console port RJ-45) with RTS/CTS modem control . 1 x 10/100/l000BASE-T out-of-band management port • 2x7 RPS port . 12 x 10/100/l00OBASE-T with 8 x lO0Base•FX -LC connec tors . 4 x lGBASE-X SFP (unpopuh:ited front-panel ports) X440•G2-12t8f>1·GE4 . 1 x Serial (console port RJ·4S) with RTS/CTS m o dem cont rol . 1 x 10/100/l000BASE-T out•of·band management port . 2x7 RPS port . 24 x 10/100/lOO0BASE·T (RJ·45) . 4 x 1GBASE·X SFP (unpopulated rear-panel ports) X440·G2-24t·GE4 . 1 x Serial {console port RJ-45) with RTS/CTS modem control . 1 x 10/100/lOO0BASE·T out•of•band management port • 2x7 RPS port Physical Switch Model W eight Height Width Depth X440·G2·12t-10GE4 5.82 lb (2.64 kg) 1 RU/ 1.73 Inches (4.4 cm) 12.01 Inches (30.S cm) 10.28 Inches (26.1 c:m) X440·G2·24I·10GE4 8.07 lb (3.66 kg) 1 RU / 1.73 inches (4.4 cm) 17.36 inches (44.1 cm) 10.01 inches (25.4 cm) X440·G2-48t-10GE4 11.22 lb (5.09 kg) 1 RU / 1.73 inches C 4.4 cm) 17.36 inches (44.1 cm) 14.51 Inches (36.85 cm) X 440 •G 2·1 2p·10GE4 6 66 lb (3.02 kg) 1 RU / 1.73 lm;:hes (4.4 cm) 12.01 inches (30.5 cm) 10.28 inches (26.1 cm) X440·G2-24p-10GE4 9.44 lb (4.28 kg) 1 RU/ 1.73 i nches { 4.4 cm) 17.36 Inches (44.1 cm) 10.01 inches (25.4 cm) X440-G2-48p•10GE4 14 .55 lb (6.60 kg) 1 RU / 1.73 i nches (4.4 c:m) 17,36 inches (44.1 cm) 14.51 inches (36.85 cm) X440•G2·24t·10GE4-DC 8.07 lb (3.66 kg) 1 RU /1.73 inches (4.4 cm) 17,36 inches (44.1 cm) 10.01 inches (25.4 cm) X440-G2-48t-10GE4·DC 11.20 lb {5.08 kg) 1 RU / 1.73 inches (4.4 c m) 17.36 inches (44.1 cm) 14.51 i nches (36,85 cm) X440·G2·24X·10GE4 8.22 lb (3,73 kg} 1 RU/ 1.73 inches (4.4 c:m) 17.36 Inches (44.1 cm) 10.01 Inches (25.4 cm) X440·G2·24fx•GE4 8.66 lb (3.93 kg ) 1 RU / 1.73 inche s (4.4 cm) 17.36 inches (44.1 c:m) 10.0 1 inches (25.4 cm) X440·G2· 12tBfx•GE4 6.50 lb (2.95 kg) 1 RU / 1. 73 inches ( 4.4 cm) 12,01 inches (30.S cm) 10.28 inches (26.1 cm) X440·G2·24t ·GE4 7.98 lb (3.62 kg) 1 RU / 1.73 Inches (4 .4 cm ) l 7.36 inches (4 4 ,1 cm) 10.01 i nches (25.4 cm) CPU/Memory Stacking • 6 4-bit MIPS Processor, 1 GHz clock, si ngl e c o r e • SummitStack-V with support for up to eight switches per stack. • 1GB ECC DDR3 DRAM • 4 GB eMMC Flash • Mixed stacking with other Extreme X-Series switches, • 1.SMB packet buffer on 12 -24 port swit ches, 3.0MB p a cket buffer on 48 port switches so long as all are running the same ExtremeXOS vers ion. LED Indicators • Per port status LED including power status. • System Status LEDs: management, fan and power. • 7 se gment display of stack number -operational on switches that support stacking. WWW.EXTREHENETWORKS.COM • Requires two of the four available X440-G2 uplink ports. s Note· SummitStack-V stacking is enabled on two of the four to 1Gb£. unless upgraded via software license. l0GbE licenses are X440-G2 uplink ports by default (no license required). All stacking available. in both two-and four-port versions. as well as a license to ports operate at T0Gb.but do not use standard Ethernet protocols. upgrade a dual 10GbE uplink switch to a four I0GbE uplink swiitch. X440-G2 uplink ports. when not used for stacking, run the standard that enable X440-G2 uplink ports to run the 10Gb Ethernet protocol. Non-stacking uplink ports are limited by default Ethernet protocol. Mapping of the two default X440-G2 stacking ports to their respective physical chassis interface #'s -by chassis type - are listed below. X440-G2 Switches• Stack Port# Physical Uplink Port # On Ch assis -- 1 49 (Rear Panel, Dedicated SFP+ Port) 48 Port Models -----------2 SO (rear panel, dedicated SFP+ port) 1 27 (Rear Panel) 24 Port Models -2 28 (Rear Panel) -- 1 15 (Front Panel) 12 Port Models --------2 16 (Front Panel) "The three extended temperatur e X440-G2 models (15539, 15540 and 15541) do NOT stack . Power Switch Model Minimum' Heat Minimum' Power Maximum• Heat Dissipation (BTU/HR) Consumption (Watts) Dissipation (BTU/HR) X440-G2-12t-10GE4 52 15 109 X440-G2-24t-10GE4 87 26 136 X440-G2·48t-10GE4 141 41 208 X440-G2·12p-10GE4 72 2 1 216 (@200W PoE) X440·G2-24p-10GE4 121 35 410 (@380W PoE) X440•G2-48p-10GE4 196 5 3 755 (@740W PoE) X440-G2·24t-10GE4-DC 77 23 134 X440·G2-48t-10GE4-DC 137 40 207 X440-G2·24x-10GE4 87 26 172 X440·G2·24fx-GE4 166 49 223 X440·G2-12t8fx-GE4 108 32 159 X440-G2·24t-GE4 76 22 130 ' Idle no ports linked 2 fans high all ports 100% traffic - Maximum' Power Consumption (Watts) 32 40 61 264 500 961 39 61 51 65 47 38 The Non-PoE Extended Temperature Switches (X440-G2-24FX-GE4, X440-G2-12T8FX-GE4, X440·G2·24T-GE4) The 12, 24, and 48 Port 10/100/1000 Models (Both PoE and Non-PoE) Fixed Internal Power Supply Fixed Internal Power Supply Volt ag e Input Range 100 ·240VACt Voltage Input Range 100·240VAC1 Line Frequen~y Range 50 • 60 Hz+/• 5% Line Frequency Range 50 • 60 Hz+/· S'lii Power Supply Input Socket IEC 320 C14 Power Supply Input Socket IEC 320 C14 Pow er Cord Input Plug IEC 320 C13 Power Cord Input Plug IEC 320 C 13 Operating Temperature o• C to 60° C Normal Operation Operating Temperature o• C to so• c Normal Operation t -The power supplies will continue to operate +· 10% of the rated input to accommodate temporary loss of input voltage r egulation. W W W.EXTREHENETWORKS.COM - 6 Power Supply Power Cord Input Power Supply Redundant Power Switch Model Input Socket Plug/Input Socket Cord Gauge Supply Input Socket X440·G2·12t·10GE4 IEC 320 C14 IEC 320 C13/C14 Min 18AWG/0 .75mm• Coaxial Barrel Connector X440·G2·24t·10GE4 IEC320 Cl4 IEC 320 C13/C14 Mi n 18AWG/0,7Smm' 2x7 Terminal Block X440·G2·48t· 10GE4 IEC320C14 IEC 320 C13/C14 Min 18AWG/0.75mm' 2x7 Terminal Block X440·G2·12p·10GE4 IEC 320 C14 IEC 320 C13/C14 Min 18AWG/0.75mm' 2x7 Terminal Block X440•G2·24p·10GE4 IEC 320 CT4 IEC 320 C13/C14 Min 18AWG/0.75mm' 2x7 Terminal Block Min 16AWG/1.2Smm2 X440•G2·48p·l0GE4 IEC 320C14 IEC 320 C13/C14 (100·125VAC), 2x9 Te rminal Block Min 18AWG/.75mm' (200·240VAC) X440·G2·24t·10GE4·DC #6 Terminal Block 23 Min 14AWG/2.0mm• 2x7 Terminal Block X440•G2·48t-10GE4·DC #6 Term lnal Block 40 Min 14AWG/2.0mm• 2x7 Termina l Block X440·G2·24x•l0GE4 IEC 320 CT4 IEC 320 C13/C14 Min 18AWG/0,75mm' 2x7 Terminal Block X440·G2·24fx-GE4 IEC 320C14 IEC 320 C13/C14 Min 18AWG/0.7Smm' 2x7 Terminal Block X440-G2·12tBfx•GE4 IEC 320 C14 IEC 320 C13/C14 Min 18AWG/0.75mm' 2x7 Terminal Block X440•G2·24t·GE4 IEC 320 C14 IEC 320 C13/C1 4 Min 18AWG/0.75mm2 2x7 Terminal Bl ock PoE-Plus Power Budget Switch Model Internal Power Supply E,cternal RPS X440-G2·12p·10GE4 X440·G2·24p•10GE4 X440·G2·48p•10GE4 Environmental Specifications • EN/ETSI 300 019·2·1 v2.1.2 • Class 1.2 Storage • EN/ETSI 300 019-2-2 v2.l.2 • Class 2.3 Transportation • EN/ETSI 300 019-2-3 v2.1.2 -Class 3.le Operational • EN/ETSI 300 753 (1997-10) • Acoustic Noise • ASTM D3580 Random Vibration Unpackaged 1.5 G Environmental Compliance • EU RoHS -2011/65/EU • EU WEEE -2012/19/EU 200W 200 W -Redundant Power Only 380W 380 W • Redundant Power Only 740W 1440 W -Additive Power 740 W -Redundant Power Packaging and Storing Specifications • Temp: -40° C to 70° C (-40° F to 158° F) • Humidity: 10% to 95% relative humidity, non-condensing • Packaged Shock (half sine): 180 m/s2 (18 G), 6 ms, 600 shocks • Packaged Vibration: 5 to 62 Hz at velocity 5 mm/s, 62 to 500 Hz at 0.2 G • Packaged Random Vibration: 5 to 20 Hz at 1.0 ASD w/-3 dB/act. from 20 to 200 Hz • China RoHS -SJ/T 11363-2006 • Taiwan RoHS CNS 15663(2013.7) • Packaged Drop Height: 14 drops minimum on sides and corners at 42 i nches (<15 kg box) Operating Conditions • Temp: 0° C to 50" C (32° F to 122° F) -all models • Temp: 0° C to 60° C (32° F to 140° F) -extended temperature range models only (16539, 16540 and 16541) • Humidity: 10% to 95% relative humidity, non-condensing • Altitude: 0 to 3,000 meters (9,842 feet) -All Switch Models • Shock (half sine): 30 m/s2 (3 G), 11 ms, 6 shocks • Random vibration: 3 to 500 Hz at 1.5 G rms WWW.EXTREMENETWORKS.COM Regulatory and Safety North American IT E • UL 60950-1 2nd edition A2:2014, Listed Device (U.S.) • CSA 22.2 No. 60950-1 2nd edition 2014(Canada) • Complies with FCC 21CFR 1040.10 (U.S. Laser Safety) • CDRH Letter of Approval (US FDA Approval) 7 European ITE • EN 6095 0-1:2006+ A 11:2009+A 1 :2010+ A 12:2011+ A2:2013 2nd Ed. • EN 60825-1:2007 / IEC 60825-1 :2007 Class 1 (Lasers Safety) • 2014 / 35/ EU Low Voltage Directive International ITE • CB Report & Certificate per IEC 60950-1 : 2005+A1:2009+A2:2013 + National Differences • AS/NZS 60950-1 (Australia /New Zealand) EMI/EMC Standards North American EMC for ITE • FCC CFR 47 part 15 Class A (USA) • ICES-003 Class A (Canada) European EMC Standards • EN 55032:2015 Class A • EN 55024:2010 • EN 61000-3-2: 2014 (Harmonics) • EN 61000-3-3: 2013 (Flicker) • EN 300 386 vl.6.1 (EMC Telecommunications) • 2014/30/EU EMC Directive International EMC Certifications • CISPR 32:2015, Class A (International Emissions) • AS/NZS CISPR32:2015 • CISPR 24:2010 Class A (International Immunity) • IEC 61000-4-2:2008/EN 61000-4-2:2009 Electrostatic Discharge, BkV Contact. 15 kV Air, Criteria B • IEC 61000-4-3:2010/EN 61000-4-3:2006 +Al:2008 +A2:2010 Radiated Immunity lOV/m, Criteria A • IEC 61000-4-4:2012. / EN 61000-4-4:2012 Transient Burst, 1 kV, Criteria A • IEC 61000-4-5:2014 /EN 61000-4-5:2014 Surge, 1 kV L-L, 2 kV L-G, Level 3, Criteria B • IEC 61000-4-6:2013/EN 61000-4-6:2014 Conducted Immunity, 0.15-80 MHz, 10Vrms, 80%AM (lkHz) Criteria A • IEC/EN 61000-4-11:2004 Power Dips & Interruptions. >30%, 25 periods, Criteria C WWW.EXTREHENETWORKS.COM Country Specific • VCCI Cla ss A (Japan Emissions) • ACMA RCM (Australia Emissions) • CCC Mark • KCC Mark, EMC Approval (Korea) Telecom Standards • CE 2.0 Compliant IEEE 802.3 Media Access Standards • IEEE 802.3ab l00OBASE-T • IEEE 802.3z 1000BASE-X • IEEE 802.3ae l0GBASE-X • IEEE 802.3at PoE-Plus • IEEE 802.3az • IEEE 802.3u, l 00Base-FX Fan and Acoustic Noise Switch Model Acoustic: Information I Bystand Dac:lared Sound Sound Pressure• Power (LWAO)" X440·G2-12t·10GE4 I 0 dB(A) Fan Off I 0 bels Fan Off - X440•G2·24t·10GE4 I 28.1 dB(A) 4.3 bels - I J -X440•G2·48t·10GE4 37.9 dB(A) 5.4 bels - X440•G2-12p•10GE4 I 0 dB(A) Fan Off O bels Fan Off ----X440·G2·24p•lOGE4 39.4 dB(A) S.5 bel~ ,_ X440·G2-48p-10GE4 48,7 dB(A) 6.4 bels X440•G2•24t•10GE4·DC 28.1 dBCA) 4.3 bels X440·G2-48t-10GE4·DC 37.9dB(A) 5.4 bels -~ X440·G2·24x•lOGE4 26.8 dB(A) 4.0 bels ---X440-G2-24fx-GE4 24.7 dB{A) 3.9 bels ----X440•G2·12t8fx·GE4 23 .3 dB(A) 4.0 bels I -X440·G2·24t-GE4 28.1 dB(A) 4 .3 bels ·-At 25°C and 50% PoE Load where applicable 8 External Redundant Power Supplies For Non~PoE Switches All X440-G2 series non-PoE swi tches ship with one fixed internal power supply. If redundancy is required, an external RPS can be attached to the sw itch. Model Number Description RPS·90 External redundant power supply Unit 90 Watts with cable for X440·G2·12t·10GE4 , Power cord ordered separately, order 10947 CS to C14 Converter to utlllze a C13 power cord. STK·RPS•lSOPS 150 watt non-PoE redundant power supply for A, B , C, X450-G2 and X440•G2 switches. power cord ordered separately. STK·RPS·l50CH2 2 ·Slot modular shelf for rack-mounting 150W redundant power supplies (STK•RPS·1SOPSJ. STK·RPS -1 50CH8 S·Slot modular shelf for r ack-mount ing 150W redundant power supplies (STK-RPS-ISOPS). RPS·lSOXT External redundant power supply uni t 150 Watts with cable • Extended Temperature Range from O to +60 degrees Celsius, power cord ordered separately. STK-RPS·l005CH3 3-Slot modular shelf for rack-mounting 150W extended temperature redundant power supplies (RPS•ISOXT) or 1005W PoE+ redundant power supplies (STK·RPS·l OOSPS). EPS·C2 External Power System Chassis 2. Accepts up to three 750W AC PoE PSU 48V power supplies. Accepts up to s EPSCBL-2x7 or up to 1 EPS·CBL-2x9 cables. Ships with one EPS·CBL•2x7 cable. EPS ·CBL·2x7 External Power System Cabl e (IM) that connects EPS•C2 to any X440 or X450·G2 non-Poe switch for providing redundant DC power. 750WACPSU AC Power Supply module for EPS·C2 Chassis Redundant Power Supply, power cord ordered separately. External Redundant Power Supplies For PoE X440•G2 Switches All X440·G2 series PoE switches ship with fixed internal power supplies. RPS Use Table RPS-90 STK·RPS·lSOPS RPS·lSOXT EPS·C2 RPS·SOOP STK·RPS•lOOSPS 12t X 24t. 24x. 48t, 24fx, X l2t8fx X X X 12p and 24p X X 48p X RPS Model Redundant Power Supply Output RPS·90 Coaxial Barrel Connector STK•RPS·lSOPS 1 terminal block or 2x7 pins • provides system po wer and up to 1S0 watts or power RPS·lSOXT 1 t erminal block of 2x7 pins -provides system power and up to 150 watts of power EPS·C2 1 terminal block of 2x9 pins -used for other Summit switches 5 terminal blocks of 2x7 pins• u sed for Summit X4 40-G2's RPS·SOOp 1 terminal block of 2x7 pins • provides system power and up to 3 80 watts ot IEEE802.3at power STK-RPS·lOOSPS 1 terminal block of 2x9 pins • provides system p ow er and up to 740 watts or IEEE802.3at power WWW.EXTREMENETWORKS,COM 9 RPS Model Allowable PSU Power Cord Input Power Cord Gauge Plug/Socket RPS-90 Not Applicable IEC 320 C5/C14 Min 18AWG/0.75mm' STK·RPS·lSOPS N ot Applicab le IEC 320 C13/C14 Min 18AWG/0.75mm ' RPS·lS0XT Not Applicable IEC 320 C13/C14 Min 18AWG/0.75mm> EPS·C2 Summit 750W PoE AC PSU IEC 320 C1 3/C14 Min 18AWG/0.75mm2 RPS·S00p Not Applicable IEC 320 C13/C14 Min 18AWG/0,75mm> Min 16AWG/1.25mm' STK·RPS•lOOS PS Not Applicab le IEC 320 C1 3/C16 {100·125VAC), Min 18AWG/.75mm' {200·240VAC) RPS Model Weight Dimensions Height: 1.06 inches C 2.69 cm) RPS •90 0 .73 lb (0.33 kg) Width: 5.20 lnches C 13.21 cm) Depth: 2.25 Inches ( 5.72 cm) Height: 2.04 inches C 5.2 cm ) STK·RPS·1 50PS 3 BS lb (1,75 kg) Width: 7.7 inches ( 19.6 cm) Depth 10.1 inches C 25.7 cm) Height: 1.77 Inches { 4.50 cm) RPS-lSOXT 3.22 lb (1.46 kg) Width: 6.07 Inches ( 15.42 cm) Depth: 13.00 inc:hes ( 33.02 cm) Height: lRU, 1.73 in ches (4.4 cm) EPS·C2 2.27 lb {1.03 kg} Width: 17.4 inches (44.1 cm) Depth 15.t inches (38 4 cm) Height: lRU, 1.73 Inches (4.4 cm) RPS·S00p 8.06 lb (3.66 kg) Width: 17.4 Inches (44.1 c m) Depth: 7.9 inches (20.1 cm) Height: 1.77 inches (4.5 cm) STK•RPS-lOOSPS 4.63 lb (2.1kg) Width: 6.07 inches C 15.42 cm) Depth: 13.39 inches (34.0 cm) Warranty • Ltd. Lifetime with eAHR • 2 • For warranty details, visit: http://www.extremenetworks.com/qo/warrantv Ordering Information Part Number Name Description 16530 X440-G2-12t-10GE4 X440·G2 12 10/100/IOOOBASE·T, 4 lGbE unpopulated SFP upgradable to lOGbE SFP+, 1 Fixed AC PSU, 1 RPS port, Extremexos Edge lfcense 16531 X440·G2·12p· 10GE4 X440·G2 12 10/100/lOOOBASE·T POE+, 4 lGbE unpopulated SFP upgradable to l OGbE SFP+, 1 Fi><ed AC PSU, 1 RPS port, ExtremeXOS Edge license 16531T X440·G2·12p·10GE4·TAA X440·G2 12 10/100/lOOOBASE-T POE+, 4 lGbE unpopulated SFP upgradeable to 10GbE SFP+, 1 Fixed AC PSU , 1 RPS port, ExtremeXOS Edge lfc:ense, TAA model 16532 X440-G2·24t·10GE4 X440•G2 24 10/100/lOOOBASE·T, 4 SFP combo, 4 lGbE unpopulated SFP upgradable to 10GbE SFP+, 1 Fixed AC PSU, 1 RPS port, ExtremeXOS Edge lic:ense WWW.EXTREMENETWORKS.COM 10 Part Number Name Description 16532T X440•G2·24t·l0GE4-TAA X440·G2 24 10/lOO/lOOOBASIH, 4 SFP combo, 4 1GbE unpopul11ted SFP upgradeable to lOGbE SFP+, 1 Fixed AC PSU, 1 RPS port, Extremexos Edge license, TAA model 16533 X440·G2·24p·10GE4 X440-G2 24 10/100/lOOOBASE·T POE+, 4 SFP combo, 4 lGbE unpopulated SFP upgradable to lOGbE SFP+, 1 Fixed AC PSU, 1 RPS port, ExtremeXOS Edge license X440·G2 24 10/100/lOOOBASE-T POE+, 4 SFP combo, 4 lGbE unpopul11ted SFP 16533T X440·G2-24p•10GE4•TAA upgradeable to lOGbE SFP+, 1 Fixed AC PSU, 1 RPS port, ExtremeXOS Edge license, TAAmodel X440·G2 48 10/100/lOOOBASE•T, 4 SFP combo, 4 lGbE unpopulated SFP upgradable 16.S34 X440·G2·48t-10GE4 to lOGbE SFP+ (2 combo/2 non-combo), 2 1GbE copper combo upgradable to lOGbE, 1 Fbod AC PSU, 1 RPS port, ExtremeXOS Edge license X440·G2 48 10/100/lOOOBASE-T POE+, 4 SFP combo, 4 lGbE unpopulated SFP l6SlS X440·G2·48p·10GE4 upgradable to lOGbE SFP+ (2 combo/2 non-combo), 2 lGbE copper combo upgradable to lOGbE, 1 Fixed AC PSU, 1 RPS port, ExtremeXOS Edge license X440·G2 48 10/100/lOOOBASE·T POE+, 4 SFP combo, 4 lGbE unpopulated SFP l6S3ST X440·G2·48p·10GE4•TAA upgradeable to lOGbE SFP+ (2 combo/2 non-combo), 2 lGbE copper combo upgradable to lOGbE, 1 Fixed AC PSU, 1 RPS port, ExtremeXOS, TAA model tt\536 X440·G2·24t·10GE4-DC X440·G2 24 10/100/lOOOBASE·T, 4 SFP combo, 4 lGbE unpopulated SFP upgradable to lOGbE SFP+, 1 Fixed DC PSU, 1 RPS port, ExtremeXOS Edge license X440·G2 48 10/100/lOOOBASE·T, 4 SFP combo, 4 lGbE unpopulated SFP upgradable 16S"l7 X440•G2·48t-10GE4·DC to lOGbE SFP+ (2 combo/2 non-combo), 2 lGbE copper combo upgradable to lOGbE, 1 Fixed DC PSU, 1 RPS port, ExtremeXOS Edge license X440·G2 24 unpopulated lOOOBASE·X SFP (4 combo), 410/100/1000 combo, 4 lGbE t6538 X440·G2·24x-10GE4 unpopulated SFP upgradable to 10GbE SFP+, 1 Fixed AC PSU, 1 RPS port, ExtremeXOS Edge license X440·G2 24 unpopulated 1000BASE·X SFP (4 combo), 4 10/100/1000 combo, 4 lGbE 16S3Sf X440•G2•24x•10GE4·TAA unpopulated SFP,upgradeable to lOGbE SFP+, 1 Fixed AC PSU, 1 RPS port. E>:tremeXOS Edge license. TAA model 16Sl9 X440·G2·24fx·GE4 X440·G2 24 fixed 100BASE-FX LC connectors, 4 lGBASE·X unpopulated SFP, 1 Fixed AC PSU, 1 RPS port, ExtremeXOS Edge license. o0 c to so•c operation X440·G2 12 10/100/l OOOBASE -T plus 8 fixed lOOBASE·FX LC connectors, 4 lGBASE·X 16S40 X440·G2·12t8fx•GE4 unpopulated SFP, 1 Fixed AC PSU, 1 RPS port, ExtremeXOS Edge license, o0 c to 60°C operation 16541 X440·G2·24t-GE4 X440·G2 24 fixed 10/100/lOOOBASE·TX , 4 lGBASE·X unpopulated SFP, 1 Fixed AC PSU, 1 RPS port, ExtremeXOS Edge license, o•c to so•c operation 16521 X440 Adv. Edge License ExtremeXOS Advanced Edge License for X440/X440·G2 series switches 16522 X440 OpenFlow Feature Pack E1<tremeXOS SON • OpenFlow Feature Pack for X440/X440-G2 series switches 16S23 X440 Multimedia(AVB) ExtremeXOS Multimedi a Service (Audio Video Bridging) Feature Pack for X440/ Feature Pack X440-G2 series switches 16542 Dual lOGbE Upgrade License that converts the two non•stack lGbE SFP ports to be lOGbE SFP+ License 16543 Quad lOGbE Upgrade License that converts four 1 GbE SFP ports to be 10GbE SFP+ License 16546 Quad lOGbE Lie from Dual Software license that upgrades an already licensed X440·G2 Dual 10GbE switch to a lOGbE Lie Quad lOGbE switch 10301 lOGBAS E·SR SFP+ lOGBASE·SR SFP+, 850nm, LC Connector, transmission length of up to 300m on MMF 10302 lOGBASE·LR SFP+ lOGBASE·LR SFP+, 1310nm. LC Connector, transmission length of up to 10km on SMF 10309 10GBASE·ER SFP+ 10GBASE·ER SFP+, 1550nm, LC connec tor, transmission length of up to 40km on SMF 10303 SFP+ LRM Module 10 Glgablt Ethernet SFP+ module, 1310nm, legacy MMF 220m lfnk, LC connector WWW.EXTREMENETWORKS.COM 1l Part Number Name Descrlptlon 10948 RPS-90 External Redundant Power Supply Unit 90 Watts with cable, Power cord ordered separately 10947 CS to C14 Converter Power dongle for converting an IEC CS plug to IEC C14 plug -enables the use of lo utilize a C13 power cord STK·RPS· lSOPS 150W Non-PoE RPS 150 watt non•PoE redundant power supply for A, B, C and X450-G2 switches STK-RPS-150CH2 2-Slot Modular Shelf 2-Slot Modular Shelf for rack mounting up to two150 watt (STK•RPS-lSOPS) external redundant power supplies STK-RPS·lSOCHB B·Slot Modular Shelf B·Slot Modular Shelf for rack mounting up to eight 150 watt (STK·RPS·lSOPS) external redundant power supplles 10932 RPS -150 XT External Redundant Power Supply Unit 150 Watts with cable -Extended Temperature Range from O to +60 degrees Celsius, Power cord ordered separately ,, External PoE+ Redundant Power Supply Unit 500 Watts with cable, Power cord 10923 RPS ·SOOp ordered separately STK-RPS-1005PS 1005W RPS 1005 watt 802.3at PoE external redundant power supply for CS PoE and X440-48p switches 3-Slot Modular Shelf for rack mounting up to three of any combination of extended STK-RPS-1005CH3 3-Slot Modular Shelf temperature 150 watt (10932 -RPS-150 XT) or STK-RPS·lOOSPS external redundant power supplies 10936 EP5•C2 External Power System Chassis 2. Accepts up to three 750W AC PoE PSU 48V power supplies. Accepts up to 5 EPS•CBL-2x7 or up to 1 EPS-CBL-2x9 cables 10939 EPS-CBL-2x7 External Power System cable (lM with 2x7 pin) that connects EPS to any X440 or X450·G2 for providing redundant power l0931 750WACPSU AC Power Supply module for EPS·C2 Chassis Redundant Power Supply 10051H lOOOBASE·SX SFP, Hi lOOOBASE·SX SFP, MMF 220 & 550 meters, LC connector, lndustrJal Temp 10052H lOOOBASE·LX SFP, Hi lOOOBASE-LX SFP, MMF 220 & 550 meters, SMF 10km, LC connector, Industrial Temp 10053H lOO0BASE·ZX SFP, Hl lO00BASE·ZX SFP, SMF 70km, LC connector, Industrial Temp 10056H lOOOBASE-BX-0 BiDi SFP, Hi lOOOBASE-BX•D SFP, 1490-nm TX/1310•nm RX wavelength, Industrial Temp 10057H 1000BASE-BX-U BiOi SFP, Hi lOOOBASE•BX•U SFP, 1310-nm TX/1490-nm RX wavelength, Industrial Temp 10060 lOOFX/lOOOLX SFP2 100FX/1000LX SFP, SMF, LC Connector (Requires MCP and 6d8 Attenuator for lOOFX· MMF Operation)' 10070H 10/100/lOOOBASE-T SFP, HI ' 10/100/lOOOBASE·T, SFP, CAT 5 cable 100m, RJ-45 Connector, Industrial Temp ' 10071H \O OOBA SE·SX SFP 10 Pack, Hi lOOOBASE-SX SFP 10 Pack, Industrial Temp 10072H 1000BASE-LX SFP 10 Pack, Hi lOOOBASE·LX SFP 10 Pack. Industrial Temp MGBIC·BX120·D lOOOBASE-BX-0 BiDi SFP 1 Gb, 10008ase-BX120·D Single F iber SM, Bidirectional, 1590nm Tx / 1490nm Rx, 120 Km, 120Km Simplex LC SFP (must be paired w ith MGBIC·BX120·U), -40°C to +60"C MGBIC·BX120-U lOOOBASE-BX-U BiDI SFP 1 Gb, 1000Base•BX120·U Single Fiber SM, Bidirectional, 14gonm Tx / 1590nm Rx, 120 Km, 120Km Simplex LC 5FP (must be paired with MGBIC-BX120·D}, -40°C to +so•c 10063 lOOFX SFP' 100Mb, lOOBASE-FX, MMF 2Km, LC' 10067 lOOBASE-FX SFP' lOOBASE-FX SFP module, MMF 2km link, LC-connector for Fast Ethernet SFP Port' 10304 lOGBASE-CR SFP+ lm lOGBASE-CR SFP+ pre-terminated twin -ax copper cable with link lengths of lm 10305 lOGBASE·CR SFP+ 3m lOGBASE-CR SFP+ pre-terminated twin-ax copper cable with llnk lengths of 3m 10306 lOGBASE-CR SFP+ Sm lOGBASE-CR SFP+ pre-terminated twin-ax copper cable with link lengths of Sm 10307 10GBASE-CR SFP+ 10m3 lOGBASE·CR SFP+ pre-terminated twin-al': copper cable with link lengths of 10m' 10325 DWDM SFP+ 10 Gigabit Ethernet SFP+ Tunable DWDM module, SMF 80km, LC connector 10338 l OG\;i SFP+ lOGBASE-T' 10Gb SFP+, 10GBASE-T RJ45, 30m with Cat6a' WWW,EXTREMENETWORKS.COM 12 Part Number Name Description 10GB·ZR-SFPP 10GB BOKM SFP+ I 10Gb, 10GBASE-ZR, SM, 1550nm, 80Km, LC SFP+ - 10GB·BX40-D 10 GB, SINGLE FIBER SM, 10Gb, Single Fiber SM. Bidirectional, 1330nm Tx / 1270nm RX, 40Km, Simplex LC SFP+ •D 40 KM (must be paired with 10GB·BX40-U) ---- 10GB·BX40·U 10 GB, SINGLE FIBER SM, 10Gb, Single Fiber SM, Bidirectional, 1270nm Tx / 1330nm RX. 10Km, Simplex LC SFP+ ·U40 KM (must be paired wlth 10GB-BX40·0) --- 10GB·BX10·D 10 GB, SINGLE FIBER SM, 10Gb, Single Fiber SM, Bidirectional, 1330nm Tx / 1330nm RX , 40Km, Simplex LC SFP+ ·D 10 KM (must be paired with 10GB·BX10-U) -- 10GB·BX10·U 10 GB, SINGLE FIBER SM, 10Gb, Single Fiber SM, Bidirectional, 1270nm Tx / 1330nm RX, 10Km, Simplex LC SFP+ ·U 10 KM (must be paired with lOGB·BXlO·D) --- 10GB·F10·SFPP 10 GB, ACTIVE OPTICAL 10Gb, Active optical direct attach cable with 2 integrated SFP+ transceivers, 10m DAC, 10M -- lOGB·F20·SFPP 10 GB, ACTIVE OPTICAL 10Gb, Active optical direct attach cable with 2 integrated SFP+ transceivers, 20m DAC,20M -- MGBIC-BX40-D 1000BASE·BX40·D 1Gb, 1000Base-BX40·D Single Fiber SM. Bidirectional, 1490nm Tx / 1310nm RX. 40Km, BIDIRECTIONAL SFP Simplex LC SFP (must be paired with MGBIC·BX40-U), ·40°C to +6o0 c MGBIC·BX40·U I 1000BASE-BX40•U 1Gb, 1000Base-BX40•U Single Fiber SM, Bidirectional, 1310nm Tx / 1490nm RX, 40Km, BIDIRECTIONAL SFP Simplex LC SFP (must be paired with MGBIC-BX40·D), -40°C to +6o0c -- MGBIC·BXlO·D lOOOBASE·BX·D SFP -1Gb, 1000Base-BX10·D Single Fiber SM, Bidirectional. 1490nm Tx / 1310nm RX, 10Km, lOKM Simplex LC SFP (must be paired with MGBIC·BXlO·U) -- MGBIC-BX10·U lOOOBASE·BX·U SFP • 1Gb, 1000Base•BX10·U Single Fiber SM, Bidirectional, 1310nm Tx / 1490nm RX, lOKm, lOKM Simplex LC SFP (must be paired with MGBIC·BXlO•O) -- l·MGBIC·LC03 Industrial 1000Base-LX •40°C to +60°C. 1Gb, 1000BASE·LX, MM 1310 nm. 2 km with 62.5 MMF. 1 km with so MMF, 1310nm MMF Transceiver LC SFP -----~ - l·MGBIC·GSX l Industrial 1000Base-SX -40°C to +60°C, 1Gb, 1000Base-SX. IEEE 802.3 MM, 850nm Short Wave Length, 850nm Transceiver 220/SSOm, LC SFP --- l·MGBIC·GLX ----r=trial 1000Base·LX •40°C to +60°C, 1Gb, 1000Base-LX. MM -550m, SM -10 km, 1310 nm Long Wave Length. nm SM Trans c e.ver LC SFP, LC SFP ' -Supported in 24 SFP ports in 16S38. not s upported on SFP combo ports or SFP/SFP+ uplink ports. ' -Supported on 48 port 10GbE ports only ExtremeCloud Management -16530, 16531, 16532. 16533, 16534 and 16535 switches are enabled for use with ExtremeC/oud. For details and ordering part numbers for ExtremeCloud Management, see the l:xtremeCloud datasheet. 2 -Supported in 24 SFP ports in 16538, not supported on SFP combo ports, 1Gb Mode Only on SFP/SFP+ uplink port. G: Extreme· CoMect Beyond the Network • Supported configuration is to populate every other SFP+ port in system, with a maximum of half the 10Gb SFP+ ports configured with 10GBASE-T transceivers. An adjacent SFP+ port should remain unused for every l0GBASE·T SFP+ installed http.//www.e)(tremenetworks.com/contact / Phone +1·408-579-2800 "''2018 Extreme Networks, Inc. All rights reserved. E•treme Networks and the Extreme Networks logo are trademarks or registered trademarks of Extreme Networks, Inc. in the United States and/or other countries. All other names are the property of the'r respective owners For additional information on Extreme Networks Trademarks please see http.//www.extremenetworks.com/company/legaVtrademarks. Spec1ficat1ons and product availab1Uy are subject to change without notice. 10450-0218·0S WWW,EXTREHENETWORKS.COM 13 E Extreme· Comcct Beyond the Notworl< Highlights • High-performance 10/40 Gigablt Ethernet Switch • 48 ports of 10 Gigabit Ethernet Server connectivity • 6 ports of 40 Gigabit Ethernet for flexible Uplink or Distributed Top-of- Rack connectivity • Non-blocking, wire-speed switching architecture • Integrated design that is optimized for low latency • Efficient compact form-factor that reduces power and footprint consumption • Supports both conventional Routed JP and/or Fabric-based networking deployments • Fast-path support for innovative Distributed Top-of-Rack, Fabric Connect, and Switch Cluster technologies WWW.EXTREMENETWORKS.COM Data Sheet ExtremeSwitching™ Virtual Services Platform 7200 Series A line of high-performance Top-of-Rack Ethernet Switches developed by Extreme to leverage the very latest generation of highly advanced chipsets. Combining with the Extreme's operating system software to deliver the 'Extreme advantage': a networking solution that is cost-effective, fully featured, flexible, and simple to operate. Overview The Extreme V irtua l Services Platform 7200 Series continues the unique and in novative 'Distributed Top-of-Rack' capability pioneered by the original VSP 7000 Series: minimizing server-to-server latency to maximize application performance. Distributed Top-of-Rack delivers multi-hop low-latency, supporting advanced Fabric-based services, and enabling a one-touch, Edge-only provisioning model. Leverag ing this app lication performance advantage, businesses can help reduce time-to-decision, and streamline deployment and operational costs. Most enterprises are looking at ways to reduce cost and improve time- to-service, and most are looking for ways to improve the operational efficiency of the Data Center. Wouldn't it be nice if you cou ld deploy a new application across multiple Data Centers in an instant? Wouldn't l t be nice if you could give IT the ability to simply say "yes" when there is a new application or service that needs to be deployed? Server virtualization w ithin the Data Center is now taken for granted, with some industry observers declaring that 'Cloud Computing' will become a real ity for most enterprises. Applications and compute resources are set to become simple commodities. Experience has proved one thing; the Data Center of the future cannot be built on the technology of the past. Generalist products, outmoded techniques, and legacy designs cannot be re-packaged as 'Data Center-ready'. The industry will take the best and leave the rest. Ethernet is readily available, cost-effective, extensible, and -as the 40 and 100 Gigabit developments prove -scalable. However many existing deployment methodologies and techniques are no longer an option. Extreme Networking provides an over-arching strategy designed to improve network uptime, delivering the infrastructure that creates the seamless private cloud and virtually eliminates user-error network outages. We are reducing time-to-service by enabling with simple one-touch provisioning, and we are improving Data Center efficiency by tightly integrating applications and network virtualization. Introducing the VSP 7200 Series The Extreme Virtual Services Platform 7200 Series is a space-efficient platform built around a next-generation chipset, delivering the wire-speed 10 and 40 Gigabit Ethernet connectivity necessary to satisfy today's requirements. he VSP 7200 Series features seamless integration between the Industry's leading hardware and Extreme's proven VSP Operating System, delivering an enhanced level of functionality and robustness. Leveraging Extreme's unique virtualization technologies, businesses can benefit from real-time service agility, avoiding the delays associated with conventional design, and the outages introduced in trying to maintain them. The highly efficient design revolutionizes the cost/benefit proposition for the Data Center Top-of- Rack Switch role: delivering high port density, better price/ port, a lower entry price point, better power efficiency, it features reduced maintenance, a smaller physical footprint, and it scales easily. Innovative Capabilities matched to Class-Leading Hardware The Virtual Services Platform 7200 Series (VSP 7200) is ideally suited to deliver today's critical need for flexible, high-speed Ethernet connectivity in the high-performance Data Center Top-of-Rack (ToR) role. Additionally it provides a cost-effective 10 Gigabit Ethernet fan-out capability for existing Core Switch deployments, saving valuable ports and slots. Featuring a hardened physical architecture of dual, hot-swappable AC or DC power supplies and fans, the WWW.EXT REM ENETWORKS.COH VSP 7200 is an important addition to a network manager's toolkit for creating always-on high-performance solutions. The VSP 7200 Series includes two variants. The 7254XSQ features forty-eight 10 Gigabit SFP+ sockets that support a wide variety of 1Gbps and 10Gbps Ethernet pluggable transceivers, plus six 40 Gigabit QSFP+ ports for high-speed network connectivity. The 7254XTQ model features forty- eight ports of fixed 10GBASE·T support, presented as RJ45 connectors, in addition to six 40 Gigabit network connections. The design of the VSP 7200 is sympathetic to the evolving requirements for precisely planned environmental implementations. It offers both front-to-back and back-to- front airflow options for the field-replaceable fans modules and power supplies; this gives the flexibility to conform to a variety of hot-aisle/cold-aisl e design requirements. Extreme Distributed Top-of-Rack: Creating the Latency-Reduced Network The experience gained developing successive generations of our Stackable Chassis product lines has enabled Extreme to deliver the 'Distributed Top-of-Rack' technology w ith its dedicated Data Center Spine/Leaf Switches. This creates a virtual backplane that optimizes local traffic flows, using dedicated high-speed interconnections to forward packets on the shortest path between source and destination. This sort of efficiency is particularly important in a Data Center environment. creating a flatter, latency-optimized network that encompasses multiple racks of highly virtualized servers. The VSP 7200 is an integral component of our Fabric Connect strategy for end-to-end Shortest Path Bridging- based virtualized network. We are able to leverage the Fabric Connect technology to flexibly mesh multiple VSP 7200s to deliver multi-hop, low-latency for deployment scenarios that call for massive scale-out. Extreme has architected the Distributed ToR solution to scale up to many hundreds of Switches within a single domain, with the current implementation supporting up to 512 Switches networked as a single logic Fabric. This capability delivers scale of up to 24,576 wire-speed 10 Gigabit Ethernet ports, and up to 3,072 ports of 40 Gigabit, equating to a virtual backplane capacity of 122.88Tbps. An agile building-block approach delivers extreme flexibility, with no hard-and-fast topology constraints: blocks can be small or large, and individual Switches easily interconnected with extended-reach copper or fiber cabling. 2 Extreme Switch Cluster: Improving Resiliency, Enhancing Availability Extreme Networks' Switch Cluster is a pioneering high- availability technology .. Creating a single, unified, logical Core from two physically independent Switches -clustering them -ensures that no one single point-of-failure can disrupt dual/multi-homed connectivity. This is the very essence of end-to-end always-on availability. Deploying Switch Cluster technology in the Core delivers high-availability for the Edge of the network, supporting the Campus Wiring Closet. Servers, Routers, or other networking devices in the Core/ Data Center. The Switch Cluster technology is built using the Split Multi- Link Trunking protocol that is unique to our products, yet is fully interoperable with third party Switches, Servers, Appliances, and Routers. This delivers a series of benefits that provide real value; while it may be possible to simulate certain individual elements. no competitive offering can rival the combined capabilities, particularly in terms of simplicity and efficiency. Switch Cluster delivers an interoperable solution that extends beyond simply Switches. This means that high- availability is not limited to only the switching network (the Switches themselves and their direct links), but to the total network; importantly also extended to attached Servers, Appliances, and WAN Routers, etc. Competing offers are based on interactions purely within the Switch domain, and crucially do not extend to the appHcation hosts themselves. Most rival offerings are based on variations of the Spanning Tree Protocol (STP); however, support for this is limi ted to Switches alone and i s not commonly supported by other devices. By excluding Servers from the active res iliency technology, these solutions cannot extend high-availability to the applications. The Swi tch Cluster technology is independent of STP and extends to support any device that utilizes Link Aggregation, a technology that ls both basic and ubiquitous. Devices that attach to the Switch Cl uster create a virtual connection using multiple physical li nks, this provides resili ency together w ith additional capacity. Delivering availability and facilitating in-service maintenance and optimized performance are well-known features of Switch Cluster technology. Enabli ng sub-second failover and recovery remai ns extremely important, perhaps never more important, however it is not necessarily a feature that remains unique. Enhancements to STP -namely rapid reconfiguration -can be aggressively configured t o deliver similar levels of failover performance. However, all flavors of STP remain t ied to the concept of detecting and acting upon changes to the network topology. WWW.EXTREMENETWORKS.COM This makes a network extremely sensitive to the reliability and availability of particular devices (Root Bridges, etc.). Extreme's Switch Cluster technology is built around the concept of mirrored devices and virtualized capabilities. Switch Cluster technology is so effective that the loss of an entire Switch -for planned maintenance or through failure -can be accommodated w ithout any loss of overall application availability. Switch Cluster technology can be implemented in the classic -physically connected -manner, but in an evolution of the technology, also with a 'Virtual 1ST'. This is an enhancement of the Inter-Switch Trunk functionality; it leverages a virtualized connection between the Cluster members, rather than via the traditional physical link. This delivers greater flexibility, optimizes utilization of high- value backbone connections, and forms the basis of further developments that will include scalability of a Cluster beyond two members, and the ability to mix-and-match device types within a Cluster. Virtual 1ST (vlST) delivers a dependable scalability capability and de-risks purchasing decisions; the Core can provide both always-on high- availability and flexible pay-as-you-grow efficiencies . Extreme's Switch Cluster technology delivers a level of network resiliency that also facilitates in-service maintenance. The deterministic nature of Switch Cluster empowers network operators t o compartmentalize the network, making essential services even more resilient. and allowi ng for individual failures to be repaired in real-time , without servke restoration work impacting on collateral components or applications. Extreme Fabric Connect: Replacing Complexity with Capability Traditionally, to provision new services or to change existing ones, engineers are required to touch every device in the service path, configuring every device to enable both the active and redundant links. The bigger the network the more complex and risky this becomes. The Extreme Fabric Connect technolo gy is based on an extended im p lementation of the Shortest Path Bridging (SPB ) stand ards of IEEE 802.laq and IETF RFC 6329, aug mented w ith custom enhancements that deliver Enterpris e-specific optimization. It offers the ability to create a simplified network that can dynamically virtualize elements to empower efficient provisioning and utilization of reso u rces. Th is can reduce the strain on the network and IT personnel. 3 Leveraging Fabric Connect technology to virtualize the network enables a profound change. Rather than the network appearing as a mass of individual devices, it becomes an opaque cloud, so that engineers only need to touch the single unique device that is providing service directly to the end-point. Fabric Connect technology automatically and instantly propagates all service attributes to every other node within the cloud, delivering end-to-end connectivity. Creating a fault-tolerant, powerful, and self-aware end- to-end Fabric, this technology creates a solution where service provisioning occurs only at the perimeter. The advantage is immediate and pronounced; administrative effort is reduced, errors can be avoided, and time-to- service is vastly enhanced. The beauty of the underlying technology is that it masks devices, links, and protocols and delivers what is logically an extended Ethernet LAN that provides connectivity for multiple end-points. That's the simple concept, and it is achieved in an interesting and quite unique way. Fabric Connect leverages a dynamic link-state routing protocol called Intermediate System- to-Intermediate System (IS-IS) and uses standardized extensions to share topology, reachability, and device information between every node in the domain. With nodes holding their own self-determined view of the network, including the optimal path to any destination, a fully distributed and dynamically maintained solution is created. Fabric Connect technology has the added advantage of separating and segmenting traffic to unique service constructs. This delivers 'stealth networking' solutions that help with compliance for busi ness processes such as those that require special handling for credit card payments (PCI) or the protection of healthcare data (HIPAA). Network segmentation means that each service is uniquely encapsulated and carri ed independently of every other service. Leveraging a single unified protocol, with integrated IP Routi ng and IP Multicast capabilities, enables Fabric Connect to deliver the Industry's premier solution for simplified, scalable, and resilient IP Multicast-based applications. The Edge-only provi sioning model also delivers significant advances in how the network interacts with virtual machine mobility. Layer 2 VLANs can be easily and seamlessly extended throughout the Core or Data Center whether that is a single site or multi-site. Traffic f lows are automati cally load-balanced and more protected across all available links. WWW.EXTREHENETWORKS.COM In the Data Center context, Fabric Connect combines with both Extreme and third party orchestration solutions to fully synchronize the provisioning of the networking requirements of workload mobility within and between locations. Dynamically moving or extending virtualized computing resources, without adding complexity, is a key value point of Fabric Connect. Fabric Connect offers a robust and resilient alternative to today's existing offerings. It delivers innovative services and solutions while maintaining Ethernet's key value propositions of simplicity and cost-effectiveness. Fabric Connect delivers new capabilities in the crucial areas of simplicity, scalability, performance, reliability, and service orchestration and abstraction. Fabric Connect devices support a number of different User- Network-Interface (UNI) types to provide agile deployment capabilities: • VLAN UNI (C-VLAN) -A node-specific VLAN ID maps to a L2 Virtual Service Network (VSN). All physical ports on that node associated with this VLAN are therefore associated with the service. • Flex UNI Has the Following Sub-Types: • Switched UNI -A combination of VLAN ID and a Port maps to a L2 VSN. With this UNI type, VLAN IDs can be re-used on other ports and therefore mapped to different VSNs. • Transparent Port UNI -A physical port maps to a L2 VSN. All traffic through that port, 802.lQ tagged or untagged, ingress and egress is mapped to the VSN. • E-Tree UNI -Private VLANs extend beyond one node to form a network-wide E-Tree service infrastructure. An E-Tree UNI is a L2 VSN where broadcast traffic flows from Hub sites to Spokes sites, from Spokes to Hubs, but not between Spoke sites. E-Tree Hubs can be formed with any VLAN UNI, while E-Tree Spokes must be configured as Private VLAN UNls. • L3 VSN UNI -A node-specific VRF maps to an L3 VSN, and the control plane exchanges the L3 routes with all nodes belonging to the same VSN. All VRFs in a network sharing the same L3 VSN, effectively formlng an L3 VPN. L3 VSNs can be configured to simultaneously support both IP Unicast and IP Multicast. Trans itioni ng to an autonomic virtualized network delivers crucia1 advantages. It means that businesses no longer need to configure the Core of the network for every service change; serv ice is only configured at the Edge of the network. This has dramafc impacts for the entire change paradigm. 4 Fabric Connect has garnered a well-earned reputation for simplifying how networks are built and improving how they are run. Independent research' reports that Fabric Connect deployments feature up to 91% less implementation time, up to 66% change less wait time. and an 85% reduction in both configuration and troubleshooting times. Similarly, Fabric Connect delivers enhanced resiliency, with failover times more than 2,S00x better. and outages caused by human error virtually eliminated. Extreme Fabric Attach: The Missing Link for Service Automation Service automation is the Holy Grail for IT. Creating solutions that enable business systems and processes to spin-up, move, or be decommissioned in real-time transitions IT from roadblock to facilitator. Extreme has developed technology to address automation of the critical "last yard", where end-points devices meet the virtualized network. The Extreme Fabric Connect technology delivers a number of key networking benefits. The independent Fabric Connect Customer Experience Research demonstrates dramatic improvements in areas: implementation, configuration, and troubleshooting times, recovery. and error-induced outages are all improved. Fabric Connect is able to deliver these benefits by leveraging the power on the underlying Shortest Path Bridging protocol. This, amongst other characteristics, enables services to be defined only at the network edge. mitigating the traditional requirement for link-by-link, device-by-device configuration change. It is this legacy requirement that typically slows service deployment and introduces undesirable risk. However, a challenge remains. That of delivering an automated attachment capability to an increasing large and diverse base of users and end-point devices, in what is a highly virtualized networking scenario. Any solution must be flexible, open, and complement the desire -in some cases, the mandatory requirement -to maximize the isolation of different traffic flows and minimize the unnecessary exposure of sensitive or mission- critical networks. lt is important. at this point, to be more specific about the challenge. The concept of implementing at least some level of automated attachment is not new. Vendors have independently developed MAC-and RADIUS-based solutions, and the industry has collaborated on open solutions such as the 802.lX Extensible Authentication Protocol. More recently, the 802.lAB Link Layer Discovery Protocol with media extensions assists with the deployment of VoIP/unified communication applications. These approaches, however. rely on the increasingly flawed assumption that the network edge has already been provisioned with access to all network segments (typically implemented as virtual LANs, VLANs). This may have made perfect sense when the network was essentially just a single "data" network, and when a single "voice" network was later added. In response to this challenge. Extreme has developed Fabric Attach, a standards-based capability that facilitates the automatic attachment ("Auto-Attach" in standards verbiage) of end-point devices. Businesses can leverage Fabric comAttach to dynamically deploy end-points, temporarily extending unique networking services to the edge as required. Auto-attached end-point devices connect to the appropriate network resources: this would typically be a Fabric Connect Virtual Service Network (VSN), or it could be a conventional VLAN. The Fabric Attach capability delivers the "Enabled Edge". a foundational tenet of the Extreme Fabric-based architecture. Fabric Attach is designed to streamline the deployment of generic IT end-point devices. networking devices, compute resources, and business-centric Internet of Things (loT) end-point devices. In its simplest form, Fabric Attach facilitates the assignment of these devices to the correct network segment, where necessary extending segment presence to the edge node only for the duration of active, valid sessions. Fabric Attach can also deliver enhanced service differentiation through the implementation of granular business-driven policy. Fabric Attach works by creating a "gateway" automation function between conventional end-point devices and the network. Typically, the network will be a Fabric Connect private cloud, although the standardized nature of Fabric Attach means that it is equally relevant to conventional 802.lQ VLAN-based networks. The 802.lAB Link Layer Discovery Protocol is utilized to pass signalling between Fabric Attach components, meaning that it is highly flexible, extensible, and portable. Fabric Attach has been ' Dr Cherry Taylor, Fabric Connect Customer Experience Research Report. Dynamic Markets. 2015. Th s report details quantitative and qualitative research with IT professionals in compan es that have implemented Extreme Networks this technology. WWW.EXTREMENETWORKS.COM 5 submitted to the IETF for consideration as a standard2 , and in collaboration with Wind River, Extreme has contributed Fabric Attach to the Open vSwitch open source development project3 • The focus for facilitating auto-attach is at the network edge, where end-point devices first connect and are most visible. This where a Fabric Attach Client (FA Client) agent would reside, being software code that can be implemented in a number of flexible ways. The FA Client could take the following forms: • In an Extreme ERS Ethernet Access Switch, detecting conventional end-points devices -generic PCs, IP Phones, Printers, IP Cameras. etc -and extending customized network service connectivity and attributes. • In an Extreme Wireless LAN Access Point. facilitating simplified hands-free deployment, service delivery, and device connectivity. • In an Extreme IP Phone, automating service turn-up and portability. • Leveraging the Extreme-Wind River collaboration: any Open vSwitch-based device system, including Xen, KVM, and VirtualBox Hypervisors, and the new Extreme Open Networking Adapter product line. • Leveraging the IETF submission: any end-point or networking device operating a compliant implementation; this could include third party Switches or any Ethernet-enabled networking device. Individual FA Clients may require specific networking services -particular VSN IDs, VLAN IDs, etc -or they can simply make a generic request. and rely upon centralized policy for assignment. For example, IP Phones will be assigned to the default "Voice VLAN", whereas IP Cameras -recognized by virtue of their hardware addressing - would be assigned to the "Video Security VLAN". Further, a Virtual Machine could request application-specific network assignment during the spin-up process. Fabric Attach compliments the existing techniques for device recognition, authorization, and authentication -i.e. MAC- and/or RADIUS-based, 802.lX, and 802.lAB -and leverages these to integrate with network provisioning and policy enforcement. The FA Client communicates, using LLDP extensions. with a Fabric Attach Server (FA Server), either directly or via a Fabric Attach Proxy (FA Proxy). The FA Proxies are conventional Networking Switches, deployed as and when the topology requires, that pass auto-attach requests from FA Clients through to the FA Server. It is also feasible that a Switch acting as an FA Proxy will simultaneously be acting as an FA Client. This would be the case when the Switch is providing FA Client functionality for directly at tached end- point devices (e.g. PCs and IP Phones). and also acting as a proxy for an attached FA Client (e.g. an Extreme Wireless LAN AP). The FA Proxy and FA Client agent functionalit ies easily coexist to provide for maximum deployment flexibility. The FA Server is a Networking Switch, but is distinguished from the FA Proxy insofar as it is the boundary between the Fabric Connect private cloud and the conventional Ethernet Access network. The FA Server, being a Fabric Connect node, has full network and service awareness and can dynamically extend networking services -again, via the FA Proxy when dictated by topology -to the FA Client and any attached end-point devices. Putting it another way, end-point devices are connected to the broader network by the FA Client obtaining service extensions from the FA Server; providing the mapping of conventional VLANs to Fabric Connect VSNs. VOSS 5.0 introduces the FA Server capability to the VSP 7200 Series product line; additionally, it is also now supported on the VSP 8000 Series and VSP 4000 Series products. The Fabric Attach process dynamically and automatically extends networking services from the FA Server to both FA Clients and end-points devices hosted by FA Clients. It gives an "elastic" nature to the networ k, stretc hing services to the edge only as required and only for the required duration. As and when end-point devices closedown or disconnect, redundant networking services retract from the edge; this has the added benefit of reducing exposure and the attack profile. And important value-added element to this solution is the Extreme Identity Engines policy server. Fabric Attach can deliver basic connectivity automation without Identity Engines, however the solution is significantly enhanced by Identity Engines delivering advanced authentication services for users and end-devices. Identity Engines enables more granular control of networking services, over-and- above VSN/VLAN assignment. Leveraging per-user and/or per-device authentication enables custom networking services to be dynamically created and applied on-demand. 'Paul Unbehagen, et al, Auto-Attach using LLDP with IEEE 802.laq SPBM Networks (IETF, July 2014). 1 "Hands-Free" vSwitch Network Services Configuration w,th Wind R ver (Extreme Networks, September 2014) WWW.EXTREMENETWORKS.COH 6 There is also a variation on the typical deployment: here Fabric Attach is used in a purely conventional VLAN-based network, and no FA Server (i.e. Fabric Connect node/ network) exists. In this scenario, the FA Proxy Switch operates in "standalone" mode, and addresses FA Client requests for VLAN IDs. Identity Engines can also be applied to this model, providing enhanced user and/or device authentication and policy control. This variant of Fabric Attach delivers an auto-attach capability even to those businesses that are yet to implement Fabric Connect. there's lots of reason why Routed IP connectivity alone isn't a complete-enough solution and why businesses would benefit from being able to extend their Fabric Connect cloud. Now, with Extreme's development of its Fabric Extend technology, businesses can fully integrate remote locations with the Fabric Connect cloud. Fabric Extend enables configure NNI interfaces to be logically defined, and through VXLAN encapsulation, seamlessly tunnel Shortest Path Bridging connectivity across IP-based topologies such as MPLS and Optical Ethernet. Fabric Extend is a versatile Fabric Attach delivers substantial operational benefits. technology that can deliver VLAN and VRF extension, End-point devices can be deployed in real-time, without the Layer 2 and Layer 3 Hub-and-Spoke networking, and site need for IT intervention and manual configuration, with a interconnect for dispersed Campus and Data centralized policy engine defining and policing device auto-Center locations. attach in compliance with business policy. Replacing static network device configuration with dynamic programming reduces overall complexity in the network and has a corresponding benefit in reducing the risk of outage. Extreme Fabric Extend: Taking Benefits to a Broader Audience AudienceFor many adopters, Fabric Connect has delivered an almost ideal networking solution. Ideal that is, except perhaps for the fact that Shortest Path Bridging, the standard upon which Fabric Connect has been developed, is designed around the concept of physical Ethernet. Being limited to Ethernet-based networking topologies means, for example, that businesses have been unable to extend services -based connectivity end-to-end, across their wide-area networks. Techn ically, this limitation I,s due to a dependence for the "establishment" of NNI links -network- to-network interface links -over which IS-IS adjacencies are formed and services defined and delivered. This means that the extent of Ethernet availability has defined an arbitrary boundary for the Fabric Connect network virtuali zation cloud. This situation has represented somethi ng of a constraint for those businesses that want to fully integrate remote sites into their private cloud. There could be driven by a need to distribute support for IP Multicast-based applications throughout the entire company, or quickly roll-out 1Pv6 but the infrastructure i s not fully ready. There are times when there's a requirement to offer an extended multi-tenant/ segmentation capability, or perhaps the i ssue is as simple as wanting to surgically deploy Fabric Connect in a m ixed- vendor environment. Whatever the specific requirement, WWW.EXTREMENETWORKS.COH Fabric Extend perpetuates Fabric Connect's well-earned reputation for simplifying the network. Continuing this theme, the Extreme Fabric Orchestrator management platform incorporates a new Tunnel Manager utility that automatically configures the bi-directional tunnels required to integrate new nodes into Fabric Extend domains. Tunnel Manager delivers an intuitive, graphical capability to deploy both any-to-any and hub-and-spoke configurations: additionally, a command-fine option remains if manual setup is preferred. In terms of product support. VOSS 5.0 introduces Fabric Extend on three Ethernet Switch platforms: natively on the VSP 7200 Series and VSP 8000 Series products. and also the VSP 4000 Series when deployed in combination with the Extreme Open Networking Adaptor. Extreme's new Fabric Extend technology provides a flexible and scal able solution to enable network-wide extension over private and provider IP infrastructures for the very si gnificant benefits that Fabric Connect is delivering businesses today. Management The Extreme Networks VSP 7200 Series can be managed in a variety of ways. Simple on-box management functions are delivered by a web-based GUI and a generic CLI is also available for manual configuration. For centralized management of multiple devices, the Fabric Orchestrator software platform delivers a comprehensive unified management capability. Additionally, Fabric Orchestrator provi des the platform upon which emerging SON capabili ties will be progressively delivered. 7 This powerful appliance-based solution offers the following functionality: • Single Pane-of-Glass -A fully integrated suite of tools working together to provide a comprehensive, unified view of the network, streamlining workflows and reducing operational costs. • Discovery and Visualization -Providing rich network and device discovery and visualization capabilities. Includes the ability to discover network-attached devices, including servers, storage servers, switches, routers, phones, virtual machines and their hosts, plus Extreme Aura applications. • Fault and Diagnostics -Leverages information collected from the network to determine the most likely cause of network outages, and correlates events to determine affected devices and services. • Configuration and Orchestration -Facilitates even the most complex of network configurations through simplified, intuitive wizards and easy-to-use templates. Configuration templates are created once, stored, and then conveniently applied in order to accelerate time- to-service and reduce the risk of human error. • Virtualization Management -Provides insight into the complete lifecycle of virtual machines -activation, migration, and retirement -including the automatic provisioning of those companion networking services needed to parallel VM migrations. • Performance Management -Delivers tools to monitor, analyze and report application behaviors and their bandwidth utilization trends. Collected data gives valuable insight into traffic patterns, application behaviors, and top talkers. Performance management tools enable capacity planning and change monitoring. • Integrated SDN Capabilities -Crucially, Fabric Orchestrator is built with a clear eye towards the future. The platform provides an integration point for Open Daylight-based SON Controller plugins. third party tools and controllers accessible through north-bound REST interfaces, and OpenStack ML2 drivers that enable network orchestration in conjunction with storage and compute resources. WWW.EXTREHENETWORKS.COM SDN That Redefines Networking Software-Defined Networking is certainly topical, however much of the talk is still about finding the real-world business need for what is essentially a technology side step. Extreme takes a pragmatic view and delivers solutions aimed fairly and squarely at simplifying and automating tasks that are currently complex and manual; worrying less what the technology is labeled, and more about what it delivers. A case in point is the new Extreme Fabric Attach technology. An adjunct to Extreme Fabric Connect, this innovation allows businesses to extend network virtualization directly into the Data Center Top-of-Rack and fully automates the provisioning of virtualized services. This is particularly relevant for the mass of virtual machine instances that are commonly deployed -and periodically migrated -in modern Data Centers. This is a perfect example of how networking is being redefined through the seamless integration of a pervasive services-orientated virtual network and policy-based access management techniques. The VSP 7200 Series is designed to deliver the Fabric Attach Client and/or Server Switch functionality, interfacing end-point devices or conventional Switches with the Fabric Connect cloud. System Compatibility From a software perspective, the VSP 7200 Series was introduced with the VOSS 4.2 software release; this is, therefore, the minimum level of software available to operate the Switch. The recent VOSS 7.0 release delivers the following major enhancements: • Introduction of the Zero-Touch Fabric Connect capability • Phase 1 of 1Pv6 JP Routing Virtualization • Adding 1Pv6 Peering to BGPv6 • Introduction of an Energy Saver capability • Integration with Extreme Management Center • Expanded Transceiver availability and support Zero-Touch Fabric Connect. The intent of the new "Zero- Touch Fabric" feature is to automate the addition of new Fabric Connect nodes into an existing domain, greatly simplifying scale*out in distributed and Cloud architectures. How it works: Assuming a Fabric Connect domain is already in place -and this can be as a simple as a single "Seed Switch" -an automatically generated "Fabric Area Network" facilitates administrative communication between established and candidate Fabric Connect nodes. Zero-Touch Fabric enables new nodes to automatically detect the IS-IS Area and request the domain-specific Nickname (think, conceptually, DHCP), establish bi- directional IS-IS communication using the default 8-VID values, and self-configures a System ID and a Management IP Address. 1Pv6 IP Routing Virtuallzation (Phase 1). With this release, the existing 1Pv6 IP Routing capability is further enhanced through virtualization; that is, IPv6 is not limited to one instance, within the Global Routing Table. Now, the Switch supports up to 256 IPv6 Routing instances, supporting features such as ECMP, Alternative Route, Route Redistribution, lnter-VSN Routing, DHCP Relay, ICMP Ping & Traceroute, and VRRPv3 for IPv6. Additionally, VRF instances support unification of both IPv4 and IPv6, and L3 Virtual Service Networks. Lifetime Warranty Extreme includes Industry-leading warranty services for the VSP 7200 Series products. We provide complimentary next-business-day shipment of failed units for the full life of the product: next-business-day shipping to replace failed hardware worldwide. Extreme also offers complimentary basic technical support: Level 1 the supported lifecycle of the product and up to Level 3 for the first 90 days after purchase; this includes support for the shipped software version, with an optional Software Release Service available to provide access to new feature releases. As per industry norm for hardware, 'Lifetime' is defined as the production lifecycle phase, plus 5 years post-discontinuation. WWW.EXTREMENETWORkl.COl"I Summary The Extreme Virtual Services Platform 7200 Series is purpose-built to support the dynamic Data Center and high-density 10 Gigabit Ethernet Top-of-Rack deployments of today. It helps alleviates infrastructure complexity and can reduce power consumption with a truly scalable and strategic architecture; it is designed to be the high• performance Top-of-Rack platform for the future. Supporting mission-critical applications requires 24/365 always-on infrastructure, and the VSP 7200 delivers against this challenge. It is a highly strategic product that is fit-for- purpose for today's connectivity requirements and future· ready for the evolving and emerging application-driven needs of tomorrow. Extreme brings unique differentiation to the ToR role: with a flexible, non-blocking architecture, including wire-speed Server access connections and high-speed Distributed Top-of-Rack connections. The VSP 7200 is purpose-built to support today's dynamic Data Center operations and high-density, low-latency 10 Gigabit Ethernet Top-of-Rack deployments. It can alleviate infrastructure complexity and reduce power consumption with a truly scalable and strategic architecture; it is designed to deliver a high- performance Distributed Top-of-Rack solution that fully optimizes next-generation application virtualization investments. Additional Information For further information about the Extreme Virtual Services Platform 7200 Series please visit www.extremenetworks. com/products. and for the complete Extreme Networking portfolio, www.extremenetworks.com/networking. 9 VSP 7254XSQ The Extreme Virtual Services Platform 7254XSQ Ethernet Switch provides a total of 54 ports, configured as 48 ports of 10 Gigabit Ethernet. presented as SFP+ sockets, and 6 ports of 40 Gigabit Ethernet, presented as QSFP+ sockets. The innovative design leverages the most advanced chipset from the Industry's leading supplier, featuring 2.56Tbps of switching and 1,428Mpps of frame forwarding performance. The chipset is designed to deliver Terabit-scale, wire-speed capabilities, with a fully integrated 10/40/100 Gigabit ASIC architecture that facilitates multiple design opportunities. Latency has been optimized, with a 40% advance over current best examples. New intelligent buffer technology self-tunes thresholds for excellent burst absorption, offering a Sx efficiency gain over existing static designs. A flexible, Unified Forwarding Table allows for future in-field optimization, with up to four mission profiles supported. lt should be noted that the 40 Gigabit Ethernet QSFP+ ports support Channelization and can therefore be individual sub-divided into four 10 Gigabit Ethernet channels. Additionally, the 10 Gigabit Ethernet SFP+ ports also support a wide range of 1 Gigabit Ethernet SFP Transceivers.4 • Fully optimizes all links and all devices enabling businesses to get the most out of infrastructure investments. Features and Capabilities • Non-blocking, wire-speed switching architecture. • Integrated design that is optimized for low latency. • Flexible table architecture delivers MAC, ARP, and IP Routing scalability. Benefits • Feature-rich support for conventiona l VLAN. Multi-Link Trunking, Spanning Tree technologies. The VSP 7254XSQ adds significant flexibility to the Extreme Networking portfol io, and is compatible, with and complementary to, with existing products and technologies. A new product, leveraging the Compact Form-Factor design concept, the VSP 7254XSQ, when deployed with other Extreme or third party Ethernet Switches devices. provides very high-capacity, high-performance connectivity solution for Data Center networks. The VSP 7254XSQ 's focus is primarily as the Leaf/Top-of- Rack Switch i n Data Center Spine/Leaf deployments. The VSP 7254XSQ natively supports the Extreme Fabric Connect technology; key benefits that this technology delivers include: • Makes the need to configure network-wide VLANs obsolete. • Replaces multiple sequential legacy protocols with this one single unified technology. • Totally removes the risk of network loops. • Delivers the Edge-only provisioning model which seamlessly integrates with orchestration and automation. • Support for IP Routing techniques including Static, RIP, OSPF, eBGP, BGP+, ECMP, DvR/VRRP, PIM-SM/ SSM, and VRF. Additionally, supports Static, RIPng, OSPFv3 , BGPv6 Peering, ECMP, VRRP, and VRF for IPv6 deployments. • Extreme D istributed Top-of-Rack technology scales up to 512 nodes: supporting up to 24,576 ports of 10 Gigabit and up to 3,076 ports of 40 Gigabit, and a virtual backbone of up to 122.88Tbps capacity. • Extreme Networks Fabric Connect technology supports L2 Virtual Service Networks (VSNs), Layer 3 Virtual Service Networks, Jnter-VSN Routing, IP Shortcut Routing, IP Multicast-over-Fabric Connect, Fabric Attached Server, Fabric Extend, Switched UNI, and Zero-Touch Fabric Connect. • Extreme Switch Cluster technology supports Triangle and Square configurations, with both Layer 2 and Layer 3 functionality. • Enhanced Security Mode options. • VSP 7254XSO features a "PHYless" design. The pros of PHYless include lower latency and lower power consV11 ption; crucial in t he context of the Data Center Top-of-Rack. The contra is that MACsec is not supported and that certain Pluggable Transceivers are not supported; pleacse refer to t h e product documentation for complete details and a listing of all specifications and compliance. WWW.EXTREMENETWORKS.COM 10 High Availability Power and Cooling • Up to 2 field-replaceable, hot-swappable AC or DC internal Power Supplies • 3 field-replaceable Fan Modules, with both Front-to- Back and Back-to-Fron t airflow options supported Warranty • Lifetime Next Business Day shipment of replacement hardware • Lifetime Basic Technical Support • 90-Day Advanced Technical Support Software Licensing • Base Software License. induded with hardware purchase, enabl es most features with the exception of those specifically noted an enabled by the Premier Software License. WWW.EXTREMENETWORKS.COM • Premier Software License, an optional accessory, enables the following features: Layer 3 Virtual Service Networks, DvR, VXLAN Gateway, and >24 VRFs. • Port License, an optional accessory, fully enables all 10 and 40 Gigabit Ethernet interfaces on those units originally purchased as Port-Licensed. This license is independent of, and can be used in conjunction with. the Premier Software License. Country of Origin • China (PRC) 11 VSP 7254XTQ The Extreme Virtual Services Platform 7254XTQ Ethernet Switch provides a total of 54 ports, configured as 48 ports of 10 Gigabit Ethernet, presented as RJ45 ports, and 6 ports of 40 Gigabit Ethernet. presented as QSFP+ sockets. The innovative design leverages the most advanced chipset from the Industry's leading supplier, featuring 2.56Tbps of switching and l,428Mpps of frame forwarding performance. The chipset is designed to deliver Terabit-scale, wire-speed capabilities, with a fully integrated 10/40/100 Gigabit ASIC architecture that facilitates multiple design opportunities. Latency has been optimized, with a 40% advance over current best examples. New intelligent buffer technology self-tunes thresholds for excellent burst absorption, offering a Sx efficiency gain over existing static designs. A flexible, Unified Forwarding Table allows for future in-field optimization, with up to four mission profiles supported. This chipset also includes embedded support for a range of enabling technologies such as DCB, SPB, VXLAN, PIM, FCoE, and NAT/PAT. It should be noted that the 40 Gigabit Ethernet QSFP+ ports support Channelization and can therefore be individual sub-divided into four 10 Gigabit Ethernet channels. Additionally, the 10 Gigabit RJ45 ports also support 100/lOOOMbps connectivity. Benefits The VSP 7254XTO adds significant flexibility to the Extreme Networking portfolio. and is compatib le, with and complementary to, with ex isting products and technologies. A new product. leveraging the Compact Form-Factor design concept. the VSP 7254XTQ, when deployed w ith other Extreme or thi rd party Ethernet Switches devices, provides very high-capacity, h igh-performance connecti v ity solution for Data Center networks. The VSP 7254XTQ's focus is primarily as the Leaf/Top-of-Rack Switch in Da t a Center Spine/Leaf deployments. The VSP 7254XTQ n atively supports the Extreme Fabric Connect technology; key benefits that this technology delivers include: • Makes the need to configure network-w ide VLANs obsolete. • Replaces multiple sequential legacy protoco ls w ith t h is one single unified technology. • Totally removes the r i sk of network l oops. WWW.EXTREMENETWORKS.COM • Delivers the Edge-only provisioning model which seamlessly integrates with orchestration and automation. • Fully optimizes all links and all devices enabling businesses to get the most out of infrastructure investments. Features and Capabilities • Non-blocking, wire-speed switching architecture. • Integrated design that is optimized for low latency. • Flexible table architecture delivers MAC, ARP, and IP Routing scal ability. • Feature-rich support for conventional VLAN, Multi-Link Trunking, Spanning Tree technologies. • Support for IP Routing techniques including Static, RIP, OSPF, eBGP. BGP+, ECMP, DvR/VRRP, PIM-SM/SSM, and VRF. Additionally, supports Static, RIPng, OSPFv3, BGPv6 Peering, ECMP, VRRP, and VRF for 1Pv6 deployments. • Extreme D istributed Top-of-Rack technology scales up to 512 nodes: supporting up to 24,576 ports of 10 Gigabit and up to 3,076 ports of 40 Gigabit, and a virtual backbone of up to 122.88Tbps capacity. • Extreme Networks Fabric Connect technology supports L2 Virtual Service Networks (VSNs), Layer 3 Virtual Service Networks, lnter-VSN Routing, IP Shortcut Routing, IP Multicast-over-Fabric Connect, Fabric Attached Server, Fabric Extend, Switched UNI, and Zero-Touch Fabric Connect. • Extreme Switch Cluster technology supports Triangle and Square configurations, with both Layer 2 and L aye r 3 functionality. • MACsec and Enhanced Security Mode options. 12 High Availability Power and Cooling • Up to 2 field-replaceable, hot-swappable AC or DC internal Power Supplies • 3 field-replaceable Fan Modules, with both Front-to- Back and Back-to-Front airflow options supported Warranty • Lifetime Next Business Day shipment of replacement hardware • Lifetime Basic Technical Support • 90-Day Advanced Technical Support Software Licensing • Base Software License, included with hardware purchase, enables most features with the exception of those specifically noted an enabled by the Premier Software License. • Premier Software License, an optional accessory, enables the following features: Layer 3 Virtual Service Networks, DvR, VXLAN Gateway, >24 VRFs, and - where local regulations permit -MACsec5• • Port License, an optional accessory, fully enables all 10 and 40 Gigabit Ethernet interfaces on those units o r iginally purchased as Port-Licensed . This license is independent of, and can be used in conjunction with, the Premier Software License. Country of Origin • China (PRC) • MACsec is supported on the VSP 7254XTO lOGb/s SFP+ ports only, not on 40Gb/s OSFP+ ports. WWW.EXTREMENETWORKS.COH 13 Standards Compliance IEEE • 802.1 Bridging (Networking) and Network Management • 802.1D MAC Bridges (a.k.a. Spanning Tree Protocol) • 802.1p Traffic Class Expediting and Dynamic Multicast Fi ltering • 802.lt 802.lD Maintenance • 802.1w Rapid Reconfiguration of Spanning Tree (RSTP) • 802.IQ Virtual Local Area Networking (VLAN) • 802.IQbp Equal-Cost Multi-Path (Shortest Path Bridging) • 802.lOci Automatic Attachment to Provider Backbone Bridging (PBB) Services (Partial Support) • 802.ls Multiple Spanning Trees (MSTP) • 802.lv VLAN Classificatlon by Protocol & Port • 802.lag Connectivity Fault Management • 802.lah Provider Backbone Bridges • 802.laq Shortest Path Bridging (SPB) MAC·in·MAC • 802.IX Port-based Network Access Control • 802.1AB·2005 Station & Media Access Control Connectivity Discovery; aka LLDP (partial support) • 802.lAE Media Access Control Security • 802.1AX Link Aggregation • 802.3 Ethernet • 802.3·1983 CSMA/CD Ethernet (ISO/JEC 8802·3) • 802.3i•1990 lOMb/s Operation, 108ASE•T Copper 802.3u•l995 lOOMb/s Operation. 100BASE•T Copper, with Auto-Negotiation • 802.3x-1997 Full Duplex Operation 802.3z-19981000Mb/s OperatEon, implemented as lOOOBASE·X • 802.3ab-19991000Mb/s Operation, lOOOBASE·T Copper • 802.3ae-200210Gb/s Operation, implemented as lOGBASE-SFP+ • 802.3an•2006 lOGb/s Operation, lOGBASE-T Copper • 802.3ba•2010 40Gb/s and lOOGb/s Operation • 802.3bm-2015 40Gb/s and lOOGb/s Operat"on. Implemented as 40GBASE-QSFP+ & 100GBASE•QSFP28 IETF • 768 UDP • 783 TFTP • 791 IP • 792 ICMP • 793 TCP • 826 ARP • 854 Telnet • 894 Transmission of IP Datagrams over Ethernet Networks • 896 Congest on Control in IP/TCP internetworks • 906 Bootstrap Loading using TFTP • 950 Internet Standard Subnetting Procedure • 951 BOOTP: Relay Agent•only • 959 FTP 1027 Using ARP to Implement Transparent Subnet Gateways • 1058 RIP 1112 Host Extensions for IP Multicasting • 1122 Requirements for Internet Hosts -Communication Layers • 1155 Structure and Identification of Management Information for TCP/IP-base d lnternets WWW.EXTREMENETWORKS.COM • 1156 MIB for Network Management of TCP/IP • 1157 SNMP • 1212 Concise MIB Definitions • 1213 MIB for Network Management of TCP/ IP-based lnternets· MIB·l l • 1215 Convention for Defining Traps for use with the SNMP • 1256 ICMP Router Discovery • 1258 BSD Rlogin • 1271 Remote Network Monitoring MIB • 1305 NTPv3 • 1321 MOS Message-Digest Algorithm • 1340 Assigned Numbers • 1350 TFTPv2 • 1398 Ethernet Ml B • 1442 5Mlv2 of SNMPv2 • 1450 SNMPv2 MIB • 1519 CIDR • 1541 DHCP • 1542 Clarifications and Extensions for BOOTP • 1573 Evolution of the Interfaces Group of MIB·II • 1587 OSPF N5SA Option • 1591 DNS Client • 1650 Definitions of Managed Objects for the Ethernet-Ike Interface Types • 1657 Definitions of Managed Objects for BGP•4 using 5Mlv2 • 1723 RIPv2 Carrying Additional Information • 1812 Router Requirements • 1850 OSPFv2 MIB • 1866 HTMLv2 • 1907 SNMPv2 MIB • 1930 Guidelines for creation, selection, and reg 1st ration of an AS • 1981 Path MTU Discovery for I Pv6 • 2021 Remote Network Monitoring M IBv2 using SMlv2 • 2068 HTTP • 2080 RIPng for 1Pv6 • 2131 DHCP • 2138 RADIUS Authentication • 2139 RADIUS Accounting • 2139 RADIUS Accounting • 2236 IGMPv2 Snooping • 2284 PPP Extensible Authentication Protocol • 2328 OSPFv2 • 2362 PIM-SM • 2404 HMAC·SHA-1-96 within ESP and AH ' • 2407 Internet IP Security Domain of Interpretation for ISAKMP" • 2408 Internet Security Association and Key Management Pro t o col • 24 2B FTP Extensions for 1Pv6 and NAT • 2452 TCP IPv6 Ml8 • 2453 RIPv2 • 2454 UDP 1Pv6 MIS • 2460 1Pv6 Basic Specification • 2463 ICMPv6 • 2464 Transmission of IPv6 Packets over Ethernet Networks • 2466 MIB for IPv6: ICMPv6 Group • 2474 Differentiated Services Field Definitions in 1Pv4 and IPv6 He.,ders 14 IETF Cont. • 2475 Architecture for Differentiated Service • 2541 DNS Security Operational Considerations • 2545 8GP·4 Multiprotocol Extensions for IPv6 lnter•Domain Routing • 2548 Microsoft Vendor-specific RADIUS Attributs • 2572 Message Processing and Dispatching for SNMP • 2573 SNMP Applications • 2574 User-based Security Model for SNMPv3 • 2575 View-based Access Control Model for SNMP • 2576 Coe,dstence between vl/v2/v3 of the Internet-standard Network Management Framework • 2578 SMlv2 • 2579 Textual Conventions for 5Mlv2 • 2580 Conformance Statements for SMlv2 • 2597 Assured Forwarding PHB Group • 2598 Expedited Forwarding PHB OAandM RFCs • 2616 HTTPvl.1 • 2710 MLD for IPv6 • 2716 PPP EAP TLS Authentication Protocol • 2787 Definitions of Managed Objects for VRRP • 2818 HTTP over TLS • 2819 Remote Network Monitoring MIB • 2863 Interfaces Group MIB • 286S RADIUS • 2869 RADIUS Extensions (partial support) • 2874 DNS Extensions for IPv6 • 2925 Definitions of Managed Objec:ts for Remote Ping, Traceroute, and Lookup Operations • 2933 GMP MIB • 2934 PIM MIB for IPv4 • 2992 ECMP Algorithm • 3046 DHCP Relay Agent Information Option 82 • 3162 RADIUS and IP116 • 3246 Expedited Forwarding PHB • 3315 DHCPv6 • 3339 Date & Time on The Internet: Timestamps • 3376 IGMPv3 • 3411 Architecture for Describing SNMP Management Frameworks • 3412 Message Processing and Dispatching for SNMP • 3413 SNMP Applications • 3414 USM for SNMPv3 • 3415 VACM for SNMP • 3416 Protocol Operations v2 for SNMP • 3417 Transport Mappings for SNMP • 3418 MIB for SNMP • 3484 Default Address Selection for IPv6 • 3513 1Pv6 Addressing Architecture • 3569 Overview of SSM • 3513 IPv6 Addressing Architecture • 3569 Overview of SSM • 3579 RADIUS Support for EAP • 3587 IPv6 Global Unicast Address Format • 3596 DNS Extensions to support IP116 • 3748 Extensible Authentication Protocol • Implemented to deliver IP sec capability for Control Plane traffic only. WWW.EXTREHENETWORKS,COM • 3810 MLDv2 for IPv6: Host Mode-only • 3879 Deprecating Site Local Addresses • 4007 IPv6 Scoped Address Architecture • 4022 TCP MIB • 4087 IP Tunnel MIB • 4113 UDP MIB • 4133 Entity MIB Version 3 (partial support) • 4193 Unique Local IPv6 Unicast Addresses • 4213 Basic Transition Mechanisms for IPv6 Hosts and Routers • 4250 SSH Assigned Numbers • 4251 SSH Protocol Architecture • 4252 SSH Authentication Protocol • 4253 SSH Transport Layer Protocol • 4254 SSH Connection Protocol • 4255 DNS to Securely Publish SSH Key Fingerprints • 4256 Generic Message Exchange Authentication for SSH • 4291IPv6 Addressing Architecture • 4292 IP Forwarding Table MIB • 4293 IP MIB • 4301 Security Architecture for IP' • 4302 IP Authentication Header• • 4303 IP Encapsulating Security Payload• • 4308 Cryptographic Suites for IPsec • 4363 Definitions of Managed Objects for Bridges w th Traffic Classes, Multicast Filtering and Virtual LAN Extensions (partial support) • 4429 Optimistic DAD for IPv6 (partial support) • 4443 ICMP for IP116 • 4541 Considerations for IGMP & MLD Snooping Switches • 4552 Authentication/Confidentiality for OSPFv3 • 4601 PJM•SM: Revised Protocol Specification • 4607 Source-Specific Multicast for IP • 4675 RADIUS Attributes for Virtual LAN and Priority Support (partial support) • 4835 Cryptographic Algorithm Implementation Requirements for ESP and AH • 4861 Neighbor Discovery for IPv6 • 4862 I Pv6 Stateless Address Auto• Configuration • 5095 Deprecation of Type O Routing Headers in IPv6 • 5176 Dynamic Authorization Extensions to RADIUS Sl87 OSPFv3 Graceful Restart (Helper -mode) • 5308 Routing IPv6 with IS-JS • 5340 OSPF for IPv6 • 5424 The Syslog Protocol • 5798 VRRPv3 for IPv4 and IPv6 • 5905 NTPv4: Protocol and Algorithms Specification • 5997 Use of Status-Server Packets in RADIUS • 6105 IPv6 Router Advertisement Guard • 6329 IS·IS Extensions supporting Shortest Path • 6933 Entity MIBv4 (partial support) • 7358 VXLAN: A Framework for Overlaying Virtualized L2 Networks over L3 Networks (partial support) • 7610 DHCPv6 Shield: Protecting against Rogue DHCPv6 Servers • Internet-Draft IP/IPVPN services with IEEE 802.laq SPB networks (draft-unbehagen-spb-ip•ipvpn•OO) • Internet-Draft SPB Deployment Considerations (draft•lapuh-spb- deployment-03) 15 Ordering Information Part Code EC7200?1F-E6 EC7200?1B·E6 EC720001F-E6 EC7200?3F-E6 EC7200?3B·E6 EC7200?2F-E6 EC7200?2B·E6 EC720002F-E6 EC7200?4F-E6 EC7200?4B·E6 EC720S?1F-E6 EC7205?1B·E6 EC7205?0F-E6 EC7205?08-E6 EC800S001-E6 380176 380177 386914 EC8011002·E6 EC7200BTF-E6 EC7200FTB-E6 AL20ll020-E6 AL201102H:6 AL2011022·E6 Description VSP 7254XSQ 54-port Ethernet Switch, supporting 48 x lOGBASE·SFP+ & 6 x 40GBASE-QSFP+ po,u. Includes single 460W AC Power Supply and Power Cord, Front-to-Back Airflow, and Base Software License. Slide Rack Mount Kit sold separately. VSP 7254XSQ 54-port Ethernet Switch, supporting 48 x lOGBASE-SFP+ & 6 x 40GBASE-QSFP+ ports. Includes single 460W AC Power Supply and Power Cord. Back-to-Front Airflow, and Base Software License. Slide Rack Mount Kit sold separately. VSP 72S4XSQ 54-port Ethernet Switch, supporting 48 x lOGBASE-SFP+ & 6 x 40GBASE-OSFP+ ports. Includes single 800W DC Power Supply, Front-to-Back Airflow, and Base Software License. Slide Rack Mount Kit sold separately. VSP 7254XSQ Port-Licensed 54-port Ethernet Switch, initially supporting 24 x lOGBASE-SFP+ & 4 x 40GBASE-OSFP+ ports. Includes single 460W AC Power Supply and Power Cord, Front-to-Back Airflow, and Base Software License. Slide Rack Mount Kit sold separately. VSP 7254XSQ Port-Licensed 54-port Ethernet Switch, initially supporting 24 x lOGBASE-SFP+ & 4 x 40GBASE· QSFP+ ports. Includes single 460W AC Power Supply and Power Cord, Back•to•Front Airflow, and Base Software License. Slide Rack Mount Kit sold separately. VSP 7254XTQ 54•port Ethernet Switch, supporting 48 x lOGBASE-T & 6 x 40GBASE-QSFP+ ports. Includes single 800W AC Power Supply and Power Cord, Front-to-Back Airflow, and Base Software License. Slide Rack Mount Kit sold separately. VSP 7254XTQ 54-port Ethernet Switch, supporting 48 x 10GBASE-T & 6 x 40GBASE-QSFP+ ports. Includes single 800W AC Power Supply and Power Cord, Back-to-Front Airflow, and Base Software License. Slide Rack Mount Kit sold separately. I VSP 7254XTQ 54-port Ethernet Switch, supporting 48 x IOGBASE-T & 6 x 40GBASE-QSFP+ ports. Includes single 800W DC Power Supply, Front·to·Back Airflow, and Base Software Lic:ense. Slide Rac:k Mount Kit sold separately. VSP 7254XTQ Port-Licensed 54•port Ethernet Switch, Initially supporting 24 x lOGBASE-T & 4 x 40GBASE•QSFP+ ports. Includes single 800W AC Power Supply and Power Cord, Front-to-Back Airflow, and Base software License. Slide Rack Mount Kit sold separately. VSP 7254XTQ Port-Licensed 54-port Ethernet Switch, initially supporting 24 x lOGBASE·T & 4 x 40GBASE•QSFP+ ports. Includes single 800W AC Power Supply and Power Cord, Back-to-Front Airflow, and Base Software Lic:ense. Slide Rack Mount Kit sold separately. 460W 100-240V AC Power Supply for VSP 7254XSQ, Front-to-Back Airflow. 460W 100-240V AC Power Supply for VSP 7254XSQ, Bac:k•to•Front Airflow. aoow 100-240V AC Power Supply for VSP 7254XTQ, Front-to-Back Airflow. 800W 100•240V AC Power Supply for VSP 7254XTO, Back•to•Front Airflow. 800W DC Power Supply for VSP 7200/8000, Frcnt-to•Bac:k A !rflow. VSP 7200/8000 Premier License VSP 7200/8000 Premier License with MACsec. Note: This license Is not applicable to the VSP 7254XSQ. Port License for VSP 7200. Optional license that enables all por ts, for use on 1 Sw,tch, and may be used independently or in combination with Premier Software License. Slide Rack Mount Kit (300-900mm). Spare /Replacement Fan Module for VSP 7200. Back•to•Front Airflow, 3 req 1.rired per Switch. Spare/Replacement Fan Module for VSP 7200, Front•to•Back Airflow, 3 required per Switch. DB•9 Female t o RJ-45 Console Connector (RED). D8·9 Male to RJ-45 Console Connector (BLUE). RJ·4S/DB·9 Integrate Conso'e Cabl e. WWW.EXTREMENETWORKS.COM 16 Ordering Information (cont.) A B C D E F Includes European "Schuko~ Power Cord opti on. common in Austria, Belgium. Finland, France, Germany, Netherlands, Norway and Sweden. I Includes Power Cord used In Australia, New Zealand and People's Republic of China. I Includes Power Cord used in UK and Ireland. Includes Power Cord used in Japan. Includes Power Cord used In North America Includes Power Cord used In Australia, New Zealand and People's Republfc of China. Notes of product ordering and hardware installation considerations Customers should choose the model number that corresponds w ith their regional power cord requirements. Extreme Networks recommends that Customers purchase a second power supply unit, in order to provide highly available power. Extreme Networks recommends th at Customers order a Slide Rack Mount K"t with every unit; the 300·900mm kit Is designed to fit with in most 4•post rack mount systems. Rack mounting w 1th just two post ears would likely cause warping of the rack due to the weight of the unit and ,s therefore not recommended. Customers are advised to use mounting ears only in conjunction w i th a supporting shelf. • A Console Cable is not shipped with the unit and, if required. must be ordered separate y, Extreme· http://www.extremenetworks.com/contact / Phone +1·408·579·2800 Connect Beyond the Netwo,k rcl2018 Extreme Networks. Inc. All rights reserved. Extreme Networks and the Extreme Networks logo are trademarks or registered trademarks of Extreme Networks. Inc . ,n the United States and/or other countries. All other names are the property of their respective owners. For additional information on Extreme Networks Trademarks please see http://www.extremenetworks.com/company/legal/trademarks. Specifications and product availability are subject to change without notice. 11931-0318·14 WWW.EXTREMENETWORKS.COM 17 Specializations: Campus EXOS Switching & Routing Master Automated Campus Master Agile Data Center Black Diamond Access Wireless Data Center Switching Management Center Data Center Software High Point Networks Valid from July l. 2018 through June 30. 2019 Gordon Mackintosh, Vice President, WorldWide Channels State of Colorado WSCA-NASPO Cooperative Agreement 2016-0000-0000-0000-0149/NASPO 10/29/2018 hllps:/lwww.bidscolorado.com/co/portal.nsf/xpPriceAgreementRead.xsp?databaseName=CN=GSSBIDS3/0=CO_STATE!!co%5CPriceA ... Agreement#: 2016-0000-0000-0000- 0149/NASPO State of Colorado Price Agreement Classification: PERMISSIVE Status: Current Duration of Agreement: Period Covered: Options: Nov 12, 2015 To May 31, 2019 Option to Renew for O More Year(s) ~gQ..ry~ Data Communicalions Products and Services Commodity Code: Commodity Dncrlptlon: 20458,20464,20621,20623,20659,83833,83800,88332,92000 Networking Software, Routers, Security, Switches, Wireless ,. Ordering/Contact Information Department of Personnel and Administration State Purchasing Office 1525 Sherman Street Denver, co 80203 Greg Draughon al (303) 866-4552 email: gregory.draughon@slale co us Small Buslnus: No Minority Owned: Company: Contact: Order Number: Fax: Address: City, State, ZIP: Quote Emall: No Extreme Networks, Inc. Michael Swierk 603-952-5221 603-952-6909 9 Northeastern Boulevard Salem, NH 03079 .., How To Order/Agreement Prices Woman Owned: Doing Business As: Contact Email: Toll Free/Cell Number: Payment Terms: F.O.B.: Delivery: No mswierk@extremeworks.com 30 days/ 1% Interest AFTER 45 days Delivery !pecl•I Pal•tloa Conditions for Stat• A~ State agencies are cautioned to obtain necessary OIT approvals prior to use of this price agreement for IT resources. The definition of IT resources and state agencies can be found in§ 24-37.5-102 CRS. FIIH: Products and Services contained in this price agreement meet the definition of IT resources from § 24-37 .5-102 CRS. Extreme is authorized to provide, e qwpmanl and --~• i n the following calegolias • Networlc!ng Software • Routers • Sacurily • Switches • Wirele,o 9!l!!!!!!a Information: This Price Agreement ~ under the 2014 •2019 NASPO ValuePoinl conlract AR 1470. 2al!tloa~g: EXTREME PRICING INFORMATION and all EXTREME AUTHORIZED BUSINESS PARTNERS are Ust1d on th• Slate's landing p1g1 on the f ollowing -b•lt•: bltD://Htramenetwprks.com/ Plea$& noto: for all purchase ardors issued against lh:s canlract. the l ollow,ng mu,t be sl!own ,on the PO COiorado Stale conlract #201&-0000-0000-0000-0149/NASPO NAPSO-Utah Master Price Agreement #AR1470. applicalionl pdf 775KB applicalion/pdf 174 KB app1ication.lpdf 998KB app.ication/pdf 2.627 KB executed extreme agreement pdf SOS Cert.pdf Data_Comm_ 14 19 Extreme_Networ11s_AR1470_Master_Agree_wAmendment_ 1140701 pdf Signed Executed Extreme Network pdf Contract St atus: -sefe ct• • Vendor Insurance Certificate Expiration Dates Workers' Comp: General Liability: Other In surance : Other Insurance Description: Feb 28, 2016 F eb 28, 2016 Feb 28, 2016 Auto/Errors&Omission s https:/lwww.bidscolorado.com/co/portal .nsf/xpPriceAgreementR ead.xsp?databaseN ame=CN=GSSBIDS3/0=CO_STATEll coo/o5CPriceAwd .nsf&docum ... 1/2 10/29/2018 Flies: https://www.bidscolorado.com/coJportal.nsf/xpPriceAgreemenlRead.xsp?dalabaseName"CN"GSSBIDS3/0=CO_STATE!!co%5CPriceA ..• application/pdf 2,074 KB COl.pdf application/pdf 998 KB Data_Comm_ 1419Extreme_Networks_AR14 70_Master_Agree _wAmendment_ 1140701.pdf applicatlon/pdf 47 KB Extreme COi 9.21.17.pdf application/pdf 254 KB Extreme COi 8.21.18.pdf • Additional Attachments Flies: ,. Conditions Of Agreement This Agreement results from the following solicitation: Number: Flies: Amendments: Amendment Number: Amendment Effective On: Reason For Amendment: Amendment History: https:/lwww.bidscolorado.com/coJportal .nsf/xpPriceAgreemenlRead .xsp?databaseName=CN=GSSBIDS3/0=CO_STATE11 co%5CPriceAwd .nsf&docum .,, 2/2 PARTICIPATING ADDENDUM (hereinafter "Addendum") CMS#7Jll0 CORE DOC ID# 2016•0l49 WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION Data Communications Products and Services 14-19 Administered by the State of Utah (hereinafter "Lead State") MASTER AGREEMENT Extreme Networks, Inc (hereinafter "Contractor") Master Agreement No: AR1470 And State of Colorado (hereinafter "Participating State/Entity") Addendum No: 20516YYY72/WSCA 1. ScQl)e: This Participating Addendum ("Addendum") is made between the State of Colorado, acting by and through the State Purchasing Office, Colorado Department of Personnel and Admini~tration (the "Participating State;') and Extreme Networks, Inc. ("Contractor"). This Addendum between Contractor and Participating State (the "Parties") modifies and amends the Contract, WSCA-NASPO Master Agreement No. AR1470 ("Master Agreement"), between the State of Utah ("Lead State"), and Contractor for Data Communications Products and Services 14-19, for use by state agencies and other entities located in the Participating State and authorized by that state's statutes to utilize WSCA contracts with the prior approval of the state's chief procurement official. 2. Effective Date and Notice of Non-liability This Addendum shall not be effective or enforceable until the date on which it is approved and signed by the Colorado State Controller or designee (hereinafter called the "Effective Date"). Neither the State nor any Ordering Entity, as defined herein, shall be liable to pay or reimburse Contractor for any performance hereunder including, but not limited to, costs or expenses incurred by Contractor, or be bound by any provision hereof, prior to the Effective Date. 3. Participation: i. Use of specific WSCA-NASPO cooperative contracts by agencies, political subdivisions, registered non-profit organizations, and other entities (including cooperatives) authorized by an individual state's statutes to use the State of Colorado contracts, is subject to the prior approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the State Chief Procurement Official. ii. Individual Customer: Each Participating State's agency, political subdivision, and registered non-profit organization is an Ordering Entity, as defined in §2 DEFINITIONS of this Addendum Exhibit A, and will be treated as if it is an individual customer. Except to the extent modified by this Addendum, each agency, political subdivision and registered nonprofit organization will be responsible to follow the terms and conditions of the Master Agreement; and each will have the same rights and responsibilities for its purchases as Participating State has under the Contract. Each agency, political subdivision and registered nonprofit organization will be responsible for its own charges, fees, and liabilities. Each agency, political subdivision and registered nonprofit 1 CMS#73J20 CORE DOC ID# 2016-0149 organization will have the same rights to any indemnity or to recover any costs allowed in the contract for its purchases. The Contractor will apply such charges to each Ordering Entity individually and the State shall not be liable for any other ordering entity's charges .. 4. Participating State Modifications or Additions to Master Agreement: The following changes shall be made to the Master Agreement, Attachment A, Terms and Conditions with respect to Contractor's performance pursant to this addendum: i. Section S. Confidentiality, Non-Disclosure and Injunctive Relief, shall be deleted in its entirety and replaced with Section 8. Confidential Information-Ordering Entity Records, in Exhibit A. ii. Section 7. Defaults & Remedies, shall be deleted in its entirety and replaced with Section 12. Breach, in Exhibit A. iii. Section 15. Insurance, shall be deleted in its entirety and replaced with Section 11. Insurance, in Exhibit A. iv. Section 22. Payment, shall be deleted in its entirety and replaced with Section 5. Taxes and Payments to Contractor, sub~section C.ili. Invoicing/Billing, Payment by State Ordering Entities: Interest, in Exhibit A. v. Section 24. Records Administration and Audit, shall be deleted in its entirety and replaced with Section 7. Contractor Records, in Exhibit A. vi. Section 30. Warranty, shall be deleted in its entirety and replaced with Section 10. Representations and Warranties, in Exhibit A. Provisions set forth in Exhibit A to this Addendum are incorporated herein as attached hereto. 5.Leasing I. Eligible Entities, as defined below, may lease User Equipment. The lease terms and conditions have not been evaluated by the State of Colorado. Eligible Entities may negotiate lease terms and conditions directly with Contractor to lease User Equipment. ii. Eligible Entities may assign their Order for User Equipment, placed pursuant to this Participating Addendum, to a third party leasing company. The Contractor shall transfer title of the User Equipment ( except as pertaining to title transfer of software therein which shall be retained by Contractor or its licensors) to the third party leasing company upon receipt of payment for the Order. iii. State Agencies who want to lease User Equipment, must contact the SPO, so that lease terms and conditions can be negotiated with the Contractor. 6. Primary Contacts: Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party's principal representative or named successor at the address set forth below. In addition to, but not in lieu of a hard-copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Notices to Ordering Entities shall be as provided for in the Order accepted by the Contractor. Unless otherwise provided herein, all notices shall be effective upon receipt. The primary contact individuals for this Participating Addendum are as follows {unless and until successors are named in writing by the respective party): 2 Contractor· Extreme Networks Inc . 't . Name: Michael Swierk Address: 9 Northeastern Boulevard. Salem Teleohone: 603-952-5221 Fax: 603-952-6909 (email oreferred) E-mail: mswierk@extremenetworks.com f Particiuattna: Entitv: State o Colorado Name: Tara Larwick Address: 1525 Sherman Street, 3"' Floor Denver. Co 80203 Telenhone: 303-866-4552 Fax: 303-894-7445 E-mail: tara.larwick@state.co. us NH 03079 CMS# 73320 CORE DOC ID# 2016•0149 7. Subcontractors: The Contractor may use subcontractors to perform some of its duties and obligations under this Addendum; however, the Contractor will be responsible for any agreements with such subcontractors. The State of Colorado is not agreeing to, and is not responsible for, any terms and conditions with Subcontractors. All Extreme Networks, Inc. dealers and resellers authorized in the State of Colorado, as shown on the dedicated Extreme Networks, Inc. website (http://www.extremenetworks.com/partners/find-a-partner/location/US/distributors/) as of the Effective Date of this Addendum, and shall be Contractor's Subcontractors and Agents for placing Orders with and providing to provide sales and service support to participants in the WSCA-NASPO Master Agreement. The Contractor's duties and obligations will be in accordance with the terms and conditions set forth in the aforementioned Master Agreement regardless of Contractor's use of Subcontractors. 8. Orders: Any Order placed by a Participating Entity or Purchasing Entity for a Good and/or Service available under this Master Agreement, shall be deemed to be a sale under and governed by the prices and other terms and conditions of the Master Agreement, unless the parties to the Order agree in writing that another contract or agreement applies to such Order. Additional requirements for Orders are set forth in §4 STATEMENT OF WORK of Exhibit A to this Addendum. 9. contract Number: i. All Orders issued by Ordering Entities as defined in this Addendum shall state the Addendum Number: 20516YYY72/WSCA and the Master Agreement Number: AR1470. ii. This Addendum and the Master Agreement, together with their respective exhibits, set forth the entire agreement between the Parties, superseding all previous communications, representations or agreements. whether oral or written, with respect to the subject matter hereof. Terms and conditions inconsistent with, contrary to, or in addition to, the terms and conditions of this Addendum and the Master Agreement, together with their exhibits. shall not be added to or incorporated into this Addendum and its exhibits by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are void. The terms and conditions of this Addendum and the Master Agreement shall prevail and govern in the case of any such inconsistent or additional terms, as applied to the Participating State. 3 CMS#7JJ20 CORE DOC ID# 2016•0149 THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution by both parties below. Participating State: State of Colorado, Governor's Office of Information Technolo By: (Signatur Contractor: Extreme Networks, Inc. Name: a Brenda Berlin or )£..Steven Name: Sizemore Title: Deputy State Chief Information Title: Officer and Chief Financial Officer or ~-//,q Ce,,~ &unsdfo- Contracts Director Participating State: State of Colorado, Department of Personnel & Administration, State Purchasin Office By: (Signature) Title: State Purchasin Director Date: Participating State: State of Colorado, Department of Personnel & Administration, State Controller's Office Name: Robert Jaros, CPA, MBA, JD (or Dele ate Title: State Controller Date: II I r;i .. / t ~ 4 EXHIBIT A To Participating Addendum between STATE OF COLORADO and Extreme Networks, Inc. TABLE OF CONTENTS CMS#73320 CORE DOC ID# 2016-014 9 1. RECITALS ...................................................................................................................................................................................................... 5 2. DEFINITIONS ................................................... -••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 8 3. TERM ...................................................................................................................................................................................................................................................................................................................... 8 4. STATEMENT OF WORK ........................................................................................................................................... 9 5. TAXES and PAYMENTS TO CONTRACTOR ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 13 6. REPORTING -NOTIFICATION .............................................................................................................................. 15 7. CONTRACTOR RECORDS ..................................................................................................................................... 17 B. CONFIDENTIAL INFORMATION-ORDERING ENTITY RECORDS ..................................................................... 18 9. CONFLICTS OF INTEREST .................................................................................................................................... 23 1 0. REPRESENTATIONS AND WARRANTIES •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 23 11. INSURANCE ........................................................................................................................................................... 24 12. BREACH .......................................................................................................................................................................... 25 13. REMEDIES .............................................................................................................................................................. 26 14. GOVERNMENTAL IMMUNITY' •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 28 15. STATEWIDE CONT'RACT MANAGEMENT SYSTEM .......................................................................................... 28 16. GENERAL PROVISIONS ...................................................................................................................................... 29 17. FEDERAL FUNDING ACCOUNTABILTY' AND TRANSPARENCY ACT OF 2004 {"FFATA") ......................... 30 18. COLORADO SPECIAL PROVISIONS ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 31 EXHIBIT 1 • SAMPLE OPTION LETTER ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 34 EXHIBIT 2-SAMPLE SUMMARY CONTRACTOR VOLUME REPORT ................................................................. 35 EXHIBIT 3-SAMPLE CONTRACTOR PERFORMANCE EVALUATION ............................................................... 36 EXHIBIT 4 -IRS REQUIREMENT ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 37 I.RECITALS A. Authority, Appropriation, and Approval. Authority to enter Into this Addendum exists in CRS §24-102-202, and Colorado Procurement Code R-24-102-202-01. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies of the State. e. Consideration. The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Addendum. s c. Purpose CMS #73320 CORE DOC ID# 2016"0149 I. Contractor is authorized to provide Data Communications Products and Services under this Addendum. This Addendum authorizes the purchase of such Goods and/or Services, In accordance with the terms of Orders Issued pursuant to this Agreement by eligible Ordering Entities within the State of Colorado. The State Purchasing Office has entered Into this Addendum pursuant to the award Issued Contractor as a result of Solicitation# AR1470 to establish the price and terms for purchase of Goods and/or Services within the State of Colorado by State Agencies (SA), Institutions of Higher Education (IHE), Political Subdivisions (PS), eligible Non-Profit Organizations (NPO), and other eligible entities (Including cooperatives, collectively referred to as the "Ordering Entitles," defined in Section 2 below). II. Except with respect to any Orders placed by it under this Addendum, the State Department of Personnel & Administration shall not be liable to the Contractor as a signatory to this Addendum for any breach by an Ordering Entity of any payment or other obligation herein or under any Order or contract for Goods and/or Services under this Addendum, and the State shall not be liable to Contractor for any payment or other obligation owed by any Political Subdivision or Non-Profit Organization or other non-State Ordering Entity. D. Participation. Use of this Addendum by Ordering Entities that are authorized by Colorado statutes to use this Addendum, are subject to the prior approval of the State Purchasing Office. Determination of eligibility for participation In this Addendum Is solely within the discretion of the Chief Procurement Official. E. References. All references In this Addendum to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are contained herein or incorporated as a part hereof, unless otherwise noted. 2. DEFINITIONS Capitalized terms used herein shall be construed and Interpreted as follows: A. Chief Procurement Offlclal. "Chief Procurement Official" means the Director of the State Purchasing Office, Colorado Department of Personnel and Administration. B. Confidential lnfonnatlon. "Confidential Information" means information, data, records, and documentary materials belonging to the State or an Ordering Entity regardless of physical form or characteristics, including but not limited to any non-public State or Ordering Entity records, sensitive State or Ordering Entity data, protected State or Ordering Entity data, State or Ordering Entity personnel records, personally Identifiable Information ("PII"), and other infonnation or data concerning Individuals, which has been communicated, furnished or disclosed by the State or Ordering Entity to Contractor. Notwithstanding the foregoing, Confidential Information shall not Include State Data and Records or Ordering Entity Records. c. Contract. "Contract" is synonymous with "Addendum" and means this agreement consisting of attachments and any Orders Issued In connection therewith, and any future modifying agreements, exhibits, attachments or references Incorporated herein, pursuant to Colorado State law, Fiscal Rules, and State Controller Policies. o. Contract Funds. "Contract Funds" means funds available for payment by the State to Contractor pursuant to this Addendum for Orders placed by State Ordering Entitles (State Agencies, Institutions of Higher Education and Other State Departments). E. Deliverable. "Deliverable" means the outcome to be achieved or output to be provided, In the form of a tangible or Intangible object that Is produced as a result of Contractor's Work that is Intended to be delivered to the Ordering Entity by Contractor. Examples of Deliverables include, but are not limited to, report(s), document(s), server upgrad(s), software llcense(s), and may be composed of multiple smaller deliverables. F. Ellglble Entitles. "Eligible Entitles" means Political Subdivisions, Other State Departments, and Non-Profit Organizations, excluding State Agencies. 6 CMS#7ll20 CORE DOC ID# 2016•0149 G. Environmentally Preferable. "Environmentally Preferable" means products or services that have a lesser or reduced adverse effect on human health and the environment when compared with competing products or services that serve the same purpose (CRS §24-103-207.5, May 21, 2007). H. Evaluation. "Evaluation" means the process of examining Contractor's Work and rating It based on criteria established in §4 (Statement of Work) and §15 (Statewide Contract Management System). I. Executive Director. "Executive Director" means the Executive Director of the Colorado Department of Personnel and Administration. J. Exhibits and other Attachments. The following documents are attached hereto and incorporated by reference herein: Exhibit 1 (Sample Option Letter), Exhibit 2 (Sample Summary Contractor Volume Report} and Exhibit 3 (Sample Contractor Performance Evaluation), Exhibit 4 (IRS Requirement). K. Fiscal Year. "Fiscal Year" means the State's fiscal year, which begins on July 1 of each calendar year and ends on June 30 of the following calendar year. L. Goods. "Goods" means tangible material acquired, produced, or delivered by Contractor either separately or in conjunction with Services the Contractor renders. M. Institution of Higher Education (IHE). "Institution of Higher Education" means a university or college located in the State of Colorado, which Is supported by the State. N. Licensed Software. "Licensed Software" means software that is licensed by Contractor to the Ordering Entity through the execution of a separate license agreement that contains terms and conditions that are acceptable to the Ordering Entity. o. Non-Profit Organization (NPO). "Non-Profit Organization" means entities that have 501(c)(3) status under the United States of America's Internal Revenue Code, are recognized as "In good standing" by the Colorado Secretary of State office, and receive funding from federal, state, or local governmental sources with which to make purchases. A NPO must submit an annual application and be approved by the State Purchasing Office to make purchases from Master Agreement Contractors (as defined In the WSCA Master Agreement). P. Open Source. "Open Source" means software for which the original source code is made freely available and may be redistributed and modified without permission from Contractor or any other individual or entity. Q. Order. "Order" means any purchase order, contract, or other authorized commitment voucher used by an Ordering Entity to order the Goods or Services priced In the Addendum. An Order amended consistent with the requirements of any Ordering Entity shall also be governed by the same terms and conditions presented In this Addendum. R. Ordering Entity. "Ordering Entity" means a Colorado State Agency in the Executive Branch of Colorado State government; other departments of the State (including the Department of Law, the State Treasurer, the Judicial Department, the Secretary of State; and the State Legislature); Institutions of Higher Education, Political Subdivisions, eligible Non-Profit Organizations, and other entitles (Including cooperatives) authorized by the SPO to place Orders with Contractor. s. Ordering Entity Records. "Ordering Entity Records" means Information, data, records, and documentary materials belonging to an Ordering Entity regardless of physical form or characteristics, Including but not limited to any public Ordering Entity records, non-sensitive Ordering Entity data, and other information or data concerning Individuals that Is not deemed confidential but nevertheless belongs to an Ordering Entity, which has been communicated, furnished or disclosed by an Ordering Entity to Contractor which (I) is subject to disclosure pursuant to the Colorado Open Records Act, CRS §24-72-200.1, et seq.; (II) is already known to Contractor without restrictions at the time of Its disclosure by Contractor; (Ill) is or subsequently becomes publicly available without breach of any obligation owed by Contractor to an Ordering Entity; (iv) Is disclosed to Contractor, without confidentiality obligations, by a third party who has 7 CMS#73320 CORE DOC ID# 2016-0149 the right to disclose such lnfonnation; or {v) was independently developed without reliance on any Confidential Information. T. Other State Departments. "Other State Departments" means the Department of Law, the State Treasurer, the Judicial Department, the Secretary of State, the State Legislature and any other State Ordering Entitles that are not governed by the State Procurement Code. U. Party or Parties. "Party" means the State or Contractor, and "Parties" means both the State and Contractor. v. Polltlcal Subdivision (PS). "Political Subdivision" means any non-State governmental entity such as cities, towns, counties, and special districts such as school, fire, water, transportation, etc. operating within the State of Colorado. W. Review. "Review" means examining Contractor's Work to ensure that it is adequate, accurate, correct and In accordance with the criteria established in §4 (Statement of Work), §15 (Statewide Contract Management System), and in any Order. X. Services. "Services" means the services required to be performed by Contractor pursuant to this Addendum and an Order. Y. State Agencies. "State Agencies" means the departments, divisions, commissions, boards, bureaus and Institutions in the executive branch of Colorado State government (which do not include the Judicial Department, Department of Law, the Secretary of State, the State Treasurer, the State Legislature, State-supported Institutions of Higher Education). z. State Data and Records. "State Data and Records" means information, data, records, and documentary materials belonging to the State regardless of physical form or characteristics, including but not limited to any public State records, non-sensitive State data, and other Information or data concerning individuals that Is not deemed confidential but nevertheless belongs to the State, which has been communicated, furnished or disclosed by the State to Contractor which {I) Is subject to disclosure pursuant to the Colorado Open Records Act, CRS §24-72-200.1, et seq.; {II) Is already known to Contractor without restrictions at the time ofits disclosure by Contractor; (Iii) Is or subsequently becomes publicly available without breach of any obligation owed by Contractor to the State; {Iv) Is disclosed to Contractor, without confidentiality obligations, by a third party who has the right to disclose such Information; or {v) was independently developed without reliance on any Confidential Information. AA.State Ordering Entities. "State Ordering Entltes" means State Agencies, Institutions of Higher Education, and Other State Departments. BB .. CC.State Purchasing Office or SPO. "State Purchasing Office" or Nspo• means the Colorado State Purchasing Office, a unit of the Colorado Department of Personnel & Administration, Division of Finance and Procurement. DD.Subcontractor. "Subcontractor" means, In the event subcontracting by the Contractor is authorized, a third-party, If any, engaged by Contractor to aid In performance of its obligations under this Addendum. EE. User Equipment. "User Equlpmenr means any hardware, software, equipment, or other products available under this Addendum. FF. Work. "Work" means the Goods and associated Services Contractor Is required to provide to fulfill its obligations under this Addendum and each Order. GG. Work Product. NWork Producr means the tangible or intangible results of Contractor's professional services related Work as contracted pursuant to a written statement of work hereunder, including but not limited to, software, research, reports, studies, data, photographs , negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, Including drafts. 3. TERM 8 CMS #73320 CORE DOC 10#2016•0149 A. lnltlal Term-Work Commencement. The Parties' respective performances under this Price Agreement shall commence on the later of either the Effective Date or September 1, 2014. This Price Agreement shall terminate on August 31, 2016, unless terminated sooner or extended further as specified elsewhere herein. B. Order Terms. Orders shall be placed consistent with the terms of this Price Agreement during the term specified above. Orders must be placed pursuant to this Price Agreement prior to the termination date hereof, but may have a delivery date or performance period up to 120 days past the then-current termination date of this Price Agreement. Notwithstanding the expiration or termination of this Price Agreement, the Contractor agrees to perform In accordance with the terms of any Orders outstanding at the time of such expiration or termination. Price Agreement provisions required to implement and govern Order performance shall survive Price Agreement termination until all outstanding Orders have been completed or terminated in accordance with this Price Agreement. C. State's Option to Extend I. The State shall have the option to unilaterally require continued performance of the Contractor for a period of up to four ( 4) renewal years at the same rates and same terms specified In the Price Agreement or as amended. If the State exercises Its option(s), it shall provide written notice to Contractor at least 30 days prior to the end of the current contract term In a form substantially equivalent to Exhibit 1 (Sample Option Letter}. If exercised, the provisions of the Option Letter shall become part of and be Incorporated into, this Addendum. The total duration of this Addendum, including the exercise of any options under this clause, shall not exceed five (5) years, unless authorized In writing by the State Purchasing Director.Continuation of this Price Agreement beyond the initial term is a State option and not a right of the Contractor. The State shall exercise this option only when such continuation is clearly in the best interest of the State. U:J lf the WSCA-NASPO Master Agreement is extended beyond the original five (5) year term, the State, upon authorization from the State Purchasing Director may choose to extend co- terminously in a form substantially equivalent to Exhibit 1 (Sample Option Letter) upon approval by Contractor. 4. STATEMENT OF WORK A. Completion. Contractor shall complete the Work and Its other obligations as described herein and In accordance with any Order Issued by an Ordering Entity. The State shall not be liable to compensate Contractor for any Work performed on an Order placed prior to the Effective Date or after the termination of this Addendum. Further, the State shall not be held liable to compensate Contractor for any Work performed on an Order placed by a non-State Ordering Entity. B. Employees. All persons employed by Contractor or Subsontractor's to perform Work under this Addendum shall be Contractor's or Subcontractor's employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result of this Addendum. C. Pricing and Price Changes. The SPO reserves the right to publish any pricing on the State Price Agreements web location, for use by Ordering Entitles . Except to the extent otherwise agreed within a Price Agreement , pricing changes shall be as defined in the WSCA-NASPO Master Agreement I. Contractor shall request any price increase in writing to the SPO at least 60 days prior to the anticipated Increase, and such request shall justify the Increase by describing verifiable Contractor cost increases. Such requests shall contain complete documentation, and cost justifications may be based on Producer Price Index, Consumer Price Index, or similar Industry pricing guides. Such price changes must be accepted by the SPO and shall become effective only by amendment of this Addendum. However, Contractor shall make any price decreases Immediately applicable to Ordering Entities placing Orders after the date of Contractor's request to change pricing. 9 CMS# 73320 CORE DOC ID# 2016-0149 If requested price increases exceed what the SPO considers to be reasonable, normal or expected, the State reserves the right to solicit additional suppliers and to purchase Goods and/or Services from other contractors as a result of such solicitation. Failure to obtain the State's approval of price Increases shall void such price Increases. If Contractor Increases its rates to an Ordering Entity without obtaining a fully executed amendment. this Addendum may be cancelled, following proper notice for breach under §12 (Breach). ii. Renewal of Agreement In the event of renewal of this Addendum. or any amendment of its terms (including prices), unless otherwise specified In an Order, the Contractor shall provide Goods and/or Services In accordance with the terms of the Addendum current at the time of an Order, and Invoice the Ordering Entity at the pricing In effect at the time the Order was placed. D. Performance. Contractor shall become familiar with Individual Ordering Entity rules and regulations. as identified by Ordering Entitles regarding procurement and fiscal rules, delivery requirements, and other relevant procedures, and shall comply with any Executive Orders of the Governor of the State, and any other judicial or administrative decisions regarding the State of Colorado. i. Customer Service Representatives. Contractor shall provide each Ordering Entity utilizing the Addendum with contact Information for customer service representatives assigned to handle questions and resolve all problems that arise with any Orders. Service representatives shall be available, at a minimum, from 8:00 a.m. to 5:00 p.m., Mountain Time. Monday through Friday (State holidays excepted). Contractor shall also provide a list of customer service contacts to the State's principal representative identified In §6 of the Addendum or successor, and shall provide notice when any updates are made to this list Customer service representatives shall be available by phone (via local or toll free number), fax, or email during the required times. Contractor shall also provide an emergency number and contact for after hours use. All customer service representatives shall have online access to account Information and be able to provide a timely response to Inquiries conceming the status of Orders {shipped or pending), delivery, back-orders, Addendum pricing, category discounts, product availability, product information, account and billing questions, and Addendum compliance requirements. ii. Subcontracting. Contractor may subcontract to Subcontractors the performance of Services and supply of Goods, however Contractor shall remain the primary Contractor fully accountable to the State for assuring that its Subcontractors comply with the terms of this Addendum. Iii. PERA. State Ordering Entities are Colorado PERA affiliated employers. In the event billable personal Services are performed for State Ordering Entities by the Contractor, pursuant to Colorado S806-235 and CRS §24-51-1101(2), the Contractor must notify in writing (email is accceptable) the State Ordering Entity's representative listed on the Order within fifteen (15) calendar days from the date of receipt of any Order If the Services to be provided are being or will be performed by a PERA retiree (as defined at CRS §24-51-101 ). Iv. Resolution of Performance Issues. Ordering Entities have the authority and discretion to resolve performance Issues with Contractor. Contractor Is required to first meet with the Ordering Entity and Its purchasing office to resolve Issues once an Ordering Entity has given notice of a performance Issue. If resolution cannot be reached, then Contractor and the Ordering Entity should contact the SPO In writing to request assistance in reaching resolution to the satisfaction of all parties Involved. Contractor's failure to provide satisfactory perfonnance after receiving notice of a performance Issue may be sufficient cause for Ordering Entitles to give notice of breach to Contractor and to terminate Orders they have placed. Contractor shall convey any notice of breach It receives to the SPO via email within five (5) business days of receipt thereof. v. Marketing Notices. Prior to any distribution, Contractor must submit to SPO for advance written approval all Contractor marketing notices and literature intended for distribution to 10 CMS#73320 CORE DOC ID# :?016-0149 Ordering Entitles utilizing the Addendum. Maintenance of mailing lists and the production and distribution of pre-approved marketing notices and literature is the Contractor's responsibility and shall be at Contractor's expense. vi. HIPAA. a) The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Public Law 104- 191 governs the exchange of certain health data and the privacy and security of certain health Information. All work performed by Contractor and any Subcontractors must be In compliance with the Health Insurance Portability and Accountability Act of 1996. b) The Ordering Entity is responsible for notifying the Contractor in writing when placing a HIPAA-related Order. HIPAA Standards/Final Rules are posted on the Department of Health and Human Services (DHHS) website. vii. Training. Contractor shall provide to Ordering Entitles at no additional cost all necessary training on all aspects of ordering, onllne ordering, product delivery, product returns, and customer service processes. Further, Contractor shall provide Ordering Entitles, as applicable, training and information on the use of products, Including their energy efficiency; new features; opportunities for manufacturer/certified set up and training; green "EPP"; and other services that are offered or available. viii. Contract Management. Contractor shall provide contract management and sales support to the State and to each Ordering Enity. Contractor shall designate a representative( s) who shall have primary responsibility for management of this Addendum. Contractor shall notify the State's principal representative Identified In §6 of the Addendum or successor of any change in designated representative(s). E. Orders. Ordering Entities shall place Orders with Contractor for Goods and/or Services on an "as-needed" basis. Orders shall be placed consistent with the terms of this Addendum during the term specified In §3 (Term). Each Ordering Entity shall Identify and utilize Its own appropriate purchasing procedure and documentation. Contractor shall not begin work without a valid order number. State Agencies, State-funded Institutions of Higher Education and Other State Departments shall ensure that no orders are placed before a valid delivery order or contract is in place and shall comply with the purchasing requirements described in State Fiscal Rule 2-2-4 (Orders In excess of $100,000 shall utilize a State contract and encumbrance of Contract Funds), unless exempt or waived by the State Controller's Office. The State of Colorado shall not be liable for payment of Orders placed by non-State Ordering Entitles and Contractor shall not seek compensation from the State of Colorado for such Orders. Contractor shall furnish all communications concerning administration of Orders solely to the purchasing officer within the relevant Ordering Entity's purchasing office, or to such other individual Identified in writing In the Order. All Orders for Goods and/or Services issued pursuant to this Addendum, at a minimum, shall include: 1. Order date, when the Order is being placed by the Ordering Entity, II. A brief description of the Goods and/or Services being purchased, Including line item decsriptions, item numbers, quantity ordered; quantiy to be Included In shipments, unit costs, rates (when applicable), and totals, lil. The place and requested time of delivery or performance, iv. The billing address, v. The complete name of the Ordering Entity, including the name, phone number, and address · of the Ordering Entity's purchasing officer or representative, and vi. The State of Colorado Addendum Number: 20516YYY72/WSCA. F. Delivery. Unless otherwise agreed in writing, any Goods and/or Services ordered pursuant to this Addendum shall be delivered freight on board (F.O.B.) destination to the location specified In the Order. Subject to the terms below, the Ordering Entity shall not be deemed to have accepted any Goods and/or Services until such has been inspected In accordance with the specifications and Is 11 CMS#73320 CORE DOC JD# 2016•0149 accepted by the Ordering Entity. Title to Goods shall pass to the Ordering Entity upon acceptance of delivered Items. G. Forced Substitutions. Forced substitutions are not allowed. If an ordered Good Is out of stock, the Contractor shall notify the Ordering Entity and request prior approval before substituting for the out~of-stock item. Contractor's request to substitute must explain how the substituted Good compares with the out-of-stock Item. If a Good ls discontinued, Contracor must provide a written substitution policy and notify the State's principal representative Identified In §6 of the Addendum or successor of the policy and change. Any substitution offered must remain within the scope of this Addendum. H. Termination of an Order by Ordering Entitles. An Ordering Entity through its designated procurement officer or other authorized representative, may terminate an Order for default, which shall not terminate this Addendum without additional notice of termination from the State. Such termination shall be governed by this §4.H. I. Default. If Contractor refuses or fails to perform any of Its obligations under the provisions of an Order, with such diligence as will ensure Its completion within the time specified In the Order, the Ordering Entity's procurement officer may notify Contractor In writing of the non- performance. If such breach is not corrected within thirty (30) days of Issuance of notice, or if, due to Contractor's actions or inactions, performance would be of no value to the Ordering Entity, the procurement officer may terminate Contractor's right to proceed with the Order or such part of the Order as to which there has been such delay or a failure to properly performi Contractor shall continue performance of the Order to the extent it is not terminated. ii. Contractor's Duties. Notwithstanding termination of the Order, and subject to any directions from the procurement officer, Contractor shall take timely, reasonable, and necessary action to protect and preserve property In the possession of Contractor in which the Ordering Entity has an Interest (if any). Ill. Compensation. The Ordering Entity may withhold amounts due to Contractor as the procurement officer deems necessary to protect the Ordering Entity against loss because of outstanding liens or claims of former lien holders and to reimburse the Ordering Entity for the extra costs incurred in procuring substitute Goods and/or Services in connection with such outstanding liens or claims . Iv. Erroneous Termination for Default of the State Ordering Entity. If after notice of termination of Contracto~s right to proceed under the provisions of this §4.H, It Is determined for any reason that Contractor was not in breach under the provisions of this section, or that the delay was excusable, the rights and obligations of the State Ordering Entity and the Contractor shall be the same as If the notice of termination had been issued pursuant to termination for the public interest Section 4.H.v. below. v. Termination of an Order for the Public Interest. Unless otherwise agreed, a State Ordering Entity procurement officer, when the Interests of the State, so require, may terminate any Order, In whole or in part, for the public Interest of the State, provided only that such termination will not relieve the Ordering Entity from its obligations with respect to any Goods and/or Services already delivered to or used by such Ordering Entity. The procurement officer shall give at least thirty (30) calendar days prior written notice of the termination to Contractor specifying the part of the Order terminated and when termination becomes effective. Termination for the public interest of all or any portion of an Order shall not constitute a breach of this Addendum by the Ordering Entity or the State. a) Contractor's Obligations. Contractor shall Incur no further obligations in connection with the terminated Order on the date set In the notice of termination. Contractor will stop work to the extent specified . Contractor must still complete and deliver to the State Ordering Entity the portion of the Order not terminated (if any) by the notice of termination. b) Compensation. Upon termination of an Order by a State Ordering Entity, Contractor shall be entitled to compensation as follows: 12 CMS#73320 CORE DOC ID# 2016•0149 1. Contractor shall submit a termination claim specifying the amounts due because of the termination for the public interest together with cost or pricing data bearing on such claim. 2. The Ordering Entltiy shall pay Contractor an amount which bears the same ratio to the total reimbursement under the Order as Contractor's obligations that were satisfactorily performed bear to the total obligations set forth in the Order, less payments previously made. Additionally, If a terminated Order Is less than sixty (60) percent completed, the State Ordering Entity may reimburse Contractor for a portion of actual out-of-pocket expenses (not otherwise reimbursed under such Order) incurred by Contractor which are directly attributable to the uncompleted portion of Contractor's obligations hereunder; provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Contractor under such Order. I. Internet Ordering, E-commerce and Web Catalog, Electronic Data Storage, and Catalogs Maintenance of its Internet, e-commerce and web catalog, electronic data storage, and catalogs is the Contractor's responsibility and shall be at Contractor's expense. I. Internet Ordering. As applicable, Contractor shall provide Internet catalogs accessible to all Ordering Entities, provide a URL link and Colorado "splash• page or landing page with link to the SPO State Price Agreement web location, designate market basket Items in its on-line catalogs for ease of ordering, Identify a symbol or marking used to Identify market basket Items, and designate all environmental preferable products (EPP) in their on-line catalogs and identify the symbol used to mark these EPP products. If. Electronic Data Storage. Contractor must have the capability of electronic data storage and a back-up system in the unlikely event that the main Information storehouse becomes unusable. Contractor shall have industry standard security protocol including storage of data, ordering security, and data file security. Ill. Catalogs. Contractor must provide paper and/or computer media catalogs to any Ordering Entity, upon request for the duration of this contract. S. TAXES and PAYMENTS TO CONTRACTOR A. Taxes and Tax Exemption Status I. The State and State Agencies are exempt from all federal excise taxes under the United States of America Internal Revenue Code (IRC) Chapter 32 (No. 84-730123K) and from all Colorado State and local government sales and use taxes under CRS §§39-26·101 and 201 et seq. Such exemptions apply when Goods are purchased or Services are rendered to benefit the State. Contractor Is hereby notified that when products or services are purchased for the benefit of State Ordering Entities, some Political Subdivisions (e.g., City and County of Denver) may require payment of sales or use taxes even though the product or service is provided to the State or a State Ordering Entity. These sales or use taxes will not be reimbursed by the State Ordering Entity, nor will any prices or rates in this Contract be adjusted on account of such taxes. II. For the purpose of establishing this Addendum, the SPO's FEIN is 84-0644739, however different Ordering Entities may have their own Federal Employer Identification Numbers. The State's tax exemption number is 98-02565-0000, however, different Ordering Entities may have their own tax exemption numbers as well. The Contractor shall be responsible for requesting and obtaining each Ordering Entity's FEIN and tax exemption number and documentation at the time an Order Is placed or upon Contractor's request. The State is not liable for any taxes assessed against Contractor for franchise or licensing, or related to the Income of the Contractor. No taxes of any kind shall be charged to the State. B. Payments to Contractor 13 CMS#73320 CORE DOC ID# 2016•0149 I. An Ordering Entity issuing a valid Order shall be bound by the terms and conditions of this Addendum, Including, without limitation, the obligation to pay Contractor for Goods and/or Services in accordance with the provisions of this §5, using the methods set forth below. II. The State of Colorado shall not be liable for payment of Orders placed by a non-State Ordering Entity nor shall the Contractor seek compensation from the State of Colorado for such Orders. C. lnvolclng/Bflllng I. Invoices. Contractor shall have an accounting and billing system and provide Ordering Entities with an invoice when purchases are made. Contractor shall invoice Ordering Entities for Goods and/or Services provided to and accepted by the Ordering Entity, at the prices as provided pursuant to the Master Agreement, as amended. A statement showing transactions for a period is not an Invoice, though the Contractor may provide such documents as Information to the Ordering Entity on a regular basis or upon the request of an Ordering Entity. Unless otherwise specified in the Order, Ordering Entities will pay Contractor based on submission of Invoices to the Ordering Entity that detail the dates, quantity, and description of Goods delivered and/or Services performed, the billing rate, and the Order number. Incorrect payments to Contractor due to omission, error, fraud, or defalcation may be recovered from the Contractor by deduction from subsequent payments due under Orders or other contracts between the Ordering Entity and the Contractor. II. The terms and conditions on any invoice, statement, Contractor time sheet, or other form, Including, but not limited to indemnification, limitation of liability, or cancellation fees, shall be void and of no effect against the State or any Ordering Entity. The Contractor's and Ordering Entities' rights and obligations shall be governed solely by the terms and conditions of this Addendum and the Master Agreement. Any Ordering Entity employee's signature on Contractor's forms shall be effective only to establish receipt of Goods or Services. The Contractor shall provide a toll free number for Ordering Entity Inquiries on billing problems. Ill. Remittance. Ordering Entities will remit payments by mail or via State procurement credit cards or as otherwise agreed by Contractor and such Ordering Entitles. The Ordering Entitles shall send payments to Contractor at the address shown on the invoice If it is the same address recorded In this Addendum or subsequently provided to SPO In writing . Contractor must provide notice within 5 business days of a change to the SPO In writing ( email ls acceptable) in the event the remittance Information changes. Iv. Payment by State Ordering Entitles; Interest Contractor shall allow State Ordering Entitles a minimum of thirty (30) days after receipt of an invoice to pay for products or services provided by Contractor. State law and regulations provide that State payments made within 45 days are not considered delinquent, and unless otherwise agreed, State Ordering Entitles will pay Interest on any unpaid balance beginning on the 46th day at the rate of one percent per month on any unpaid balance until paid in full; provided, however, that Interest shall not accrue on unpaid amounts that are the subject of a good faith dispute regarding the obligation to pay all or a portion of the liability. Contractor shall invoice State Ordering Entities separately for accrued interest on delinquent amounts due. The billing shall reference the delinquent payment, the number of day's interest to be paid, and the applicable interest date. (Section 24-30-202(24), C.R.S., as amended.) v. Payment By Colorado Political Subdivisions, Non-Profit Organizations, or Other non- State Eligible Entitles. For Orders placed by non-State Ordering Entitles {Political Subdivisions, Non-Profit Organizations, or other non-State Eligible Entities), terms for payment shall be specified In the written Orders. Contractor shall invoice non-State Ordering Entities directly. Ordering Entitles generally remit payment in a timely manner within forty-five ( 45) days of Invoice; however, it Is the Contractor's responsibility to confirm all payment terms with each non-State Ordering Entity at the time an Order Is placed. vi. Maximum Amount. State Ordering Entities shall place Orders with the Contractor using a delivery order or state contract as required by State law, regulations, and the State Fiscal 14 CMS#7JJ20 CORE DOC ID# 2016-0149 Rules. All non-State Ordering Entities shall place Orders with a purchase order or other contracting document acceptable to the Contractor. The maximum amount payable under this Addendum shall be determined by the amount of Orders placed and other contracting documents. No Contract Funds will be encumbered by the State Department of Personnel & Administration against this Addendum unless an Order Is placed by that agency. Ordering Entities shall state the maximum amount available for the purchase of Goods and/or Services under each Order. vii. Advance, Interim and Final Payments. Any advance payment allowed under any Order Issued by a State Agency against this Addendum shall comply with State Fiscal Rules and be made In accordance with the provisions of this Addendum and such Order. Non-State Ordering Entities may have their own fiscal procedures regarding advance payments, which may be agreed upon In writing between the non-State Ordering Entity and the Contractor. viii. Available Funds-Contingency-Termination. State Ordering Entities are prohibited by law from making commitments beyond the term of the State's current fiscal year. Therefore, Contractor's compensation beyond the State's current Fiscal Year is contingent upon the continuing availability of State appropriations as provided In the Colorado Special Provisions, §19 hereof. lffederal funds are used to fund Work ordered by State Ordering Entities under this Addendum, In whole or in part, the State's performance hereunder Is contingent upon the continued availability of such Contract Funds. State Ordering Entitles shall only make payments for Work ordered by a State Ordering Entity under this Addendum from available State Ordering Entity Contract Funds that have been encumbered for that Work, and the State Ordering Entity's liability for such payments shall be limited to the amount remaining of such encumbered Contract Funds. If State or federal funds are not appropriated, or otherwise become unavailable to fund any Order placed by a State Ordering Entity under this Addendum, the State Ordering Entity may terminate the Order Immediately, in whole or in part, without further liability In accordance with the provisions hereof. A Political Subdivision Ordering Entity may have its own fiscal requirements regarding available funds for payment of Orders, which may be agreed upon In writing between the non-State Ordering Entity and the Contractor. Ix. Erroneous Payments. At the State's sole discretion, State Ordering Entity payments made to the Contractor In error for any reason, including, but not limited to, omission, error, fraud, or defalcation, overpayments or Improper payments, and unexpended or excess funds received by Contractor, may be recovered from Contractor by deduction (set-off) from subsequent payments under this Addendum or other contracts, grants or agreements between the State and Contractor or by other appropriate methods, or collected as a debt due to the State. Such funds shall not be paid to any person or entity other than the State. Non-State Ordering Entities may have their own fiscal requirements regarding erroneous payments, which may be agreed upon In writing between the non-State Ordering Entity and the Contractor. x. Dlscount/Dellnquency Period. Any applicable cash discount period or delinquency period shall start from the date of receipt of an acceptable Invoice, or from the date of receipt of acceptable Goods or Services (subject to acceptance terms defined at section 4.F.) at the specified destination by an authorized Ordering Entity representative, whichever Is later. 6. REPORTING -NOTIFICATION Reports required under this §6 shall be In accordance with the procedures of and In such form as prescribed by the State, as applicable. Contractor's failure to provide these reports shall constitute cause for cancellation of this Addendum and may disqualify Contractor from the award of future awards by the State. A. Performance, Progress, Personnel, and Funds. Contractor shall submit a report to each Ordering Entity upon expiration or sooner termination of this Addendum. In addition, Contractor shall comply with all reporting requirements, set forth in any Order. IS CMS#73320 CORE OOC ID# 2016-0149 B. Volume Reports. The State intends to use the centralized method of tracking volume. Contractor shall furnish the SPO sales/volume reports 30 calendar days after the end of each calendar quarter. The quarter periods are: January 1 to March 31, April 1 to June 30, July 1 to September 30, and October 1 to December 31, of any given year. I. Contractor must provide SPO a report detailing its total sales to all Ordering Entitles within the State, each reporting period. The Volume detall report, for the quarter being reported, shall contain the following: the date of each sale, Ordering Entity name, the Items purchased, quantity, unit price, extended cost (quantity x unit price), list price per unit, extended list cost (quantity x list price/unit), and savings (total sales minus extended list cost). Additionally, Contractor must provide a summarized report in a form substantially equivalent to Exhibit 2 (Sample Summary Contractor Volume Report) attached hereto and incorporated herein, and in a format requested by the SPO such as an Excel spreadsheet. Reports shall be sent via email to the Primary Contact Identified In §6 of the Addendum or assigned successor. Specifically, the reports must Include: a) Total Sales Dollars. Total spent by each Ordering Entity group State Agencies (SA), Institutions of Higher Education (IHE), Other State Departments (SE), Political Subdivisions (PS), and eligible Non-Profit Organizations (NPO) as a result of this Addendum every quarter. Then total spent by all groups. b) Total Regular (List) Cost of Total Sales. Total of the extended list cost by each entity group for SA and SE, IHE, PS, and NPO. Then total list cost for all groups. c) Total Estimated Cost Savings. Total estimated cost savings (total sales minus extended list cost= savings) by each entity group (SA and SE, IHE, PS, and NPO). Then total savings for all groups. d) Total Paid by Procurement Card. Total sales made by a procurement "credlr card by each entity group for SA and SE and IHE. Then total paid by Procurement Card for all State groups. e) Total Green Sales. Total Green sales, meaning sale of Environmentally Preferable Products, by each entity group (SA and SE, IHE, PS, and NPO). Then total EPP sales for all groups. (Environmentally Preferable Products, Including applicable discount savings, as such are defined in the State's Environmentally Preferable Purchasing Policy. In most cases, "Green" products have been third party registered or certified as such by EPA, NFP, Energy Star, LEED, etc.) f) Amount of WSCA•NASPO Administration Fee: The Amount of the WSCA-NASPO Administration Fee due to the State. fl. In the event a quarterly report submitted by the Contractor contains discepancles, when notified by the State, the Contractor shall make necessary modifications, which may include adjustments to the Ordering Entity's account profile, and resubmit reports In a timely manner. C. Additional Reports I. Contractor also shall provide a comprehensive sales history at the end of each anniversary year of this Addendum, or within 30 calendar days of request from the State Purchasing Office. The comprehensive sales reports shall set forth, at a minimum, the name of each Ordering Entity, the Orders placed, the quantity of Goods and/or Services purchased, a description of the Goods and/or Services, the unit price or hourly rate charged, the extended dollar amount spent, and the overall total amount spent for the period. ii. If requested, Contractor also shall provide detailed reports of the type described above relating to that Ordering Entity. D. Performance Outside the State of Colorado and/or the United States [In the event Contract Funds of a State Ordering Entity subject to the Procurement Code include any federal funds, the State Ordering Entity shall notify the Contractor thereof and this clause will not be applicable]. Following the Effective Date, but subject to the terms as acknowledged below, 16 CMS#73320 CORE DOC ID# 2016"014'J Contractor shall provide written notice to the State, In accordance with §6 of the Addendum, within 20 days of the earlier to occur of Contractor's decision to perform. or its execution of an agreement with a Subcontractor to perform, Services for State Ordering Entities subject to the Procurement Code outside the State of Colorado and/or the United States. Such notice shall specify the type of Services to be performed outside the State of Colorado and/or the United States and the reason why it is necessary or advantageous to perform such Services at such location or locations. All notices received by the State pursuant to this §6.D shall be posted on the Colorado Department of Personnel & Administration's website. Knowing failure by Contractor to provide notice to the State under this §6.D shall constitute a material breach of this Contract. Notwithstanding the foregoing, the parties agree and acknowledge that Contractor's performance of technical support services (If ordered by a State Ordering Entity) may involve performance of Services outside of Colorado and/or the United States, subject to the requirements set forth In §8. Contractor's currently available technical support services descriptions are as published on Contractor's website located at: www.extremenetworks.com and are subject to the requirements set forth in §8. E. Litigation Reporting. Within ten (10) days after being served with any pleading in a legal action flied with a court or administrative agency, related to this Addendum or which may affect Contractor's ability to perform Its obligations hereunder, Contractor shall notify the SPO In writing (email ls preferable) of such action and deliver copies of such pleadings to the State's principal representative as Identified In §6 of the Addendum. If the State's principal representative Is not then serving, such notice and copies shall be delivered to the Executive Director of the State Department of Personnel & Administration. F. Noncompliance. Contractor's failure to provide reports and notify the State in a timely manner In accordance with this §6 may result in the delay of payment of State funds and/or termination as provided under this Addendum. G. Administration Fees I. The Colorado General Assembly has authorized the State Purchasing Office to collect a fee for the administration of statewide contracts. On a quarterly basis, Contractor shall return to the State. a fee of 1.00% of the total sales within the State by all Ordering Entities during that quarter, in order to assist with the cost of contract administration by the State. The Contractor shall remit the administration fee to the State within 15 days of the end of each quarter. Ii. Fees shall be made payable to the Colorado State Treasurer via a check submitted to the State's Primary Contact identified In §6 of the Addendum or successor. The quarter periods and report/payment submission dates of any given year are as follows: a) Quarter End Dates: (1) January 1 to March 31, (2) April 1 to June 30, (3) July 1 to September 30, and (4) October 1 to December 31. b) Payment and Report Due Dates: (1) April 30, (2) July 30, (3) October 30, and (4) January 30. 7. CONTRACTOR RECORDS A. Maintenance and Record Retention Period. Contractor shall make, keep, maintain, and allow inspection and monitoring by the State and its Office of Information Security (OIS) of a complete file of all records, documents, communications. notes and other written materials, electronic media files, and communications, pertaining In any manner to the Order or the delivery of Goods and/or Services hereunder. Contractor shall maintain such records until the last to occur of: (I) a period of three years after the date this Addendum expires or is sooner terminated, or (II) final payment Is made hereunder, or (HI) the resolution of any pending Addendum matters, or (Iv) If an audit is occurring, or Contractor has received notice that an audit is pending, until such audit has been completed and Its findings have been resolved (collectively, the "Record Retention Period"). B. Inspection. Contractor shall permit the State. OIS, the federal government, and any other duly authorized agent of a governmental agency, to audit, Inspect, examine, excerpt, copy and/or transcribe Contractor's records related to this Addendum during the Record Retention Period to 17 CMS# 73320 CORE DOC ID#2016•0149 assure compliance with the terms hereof or to evaluate performance hereunder. The State and 01S reserve the right to inspect the Work at all reasonable times and places during the term of this Addendum. including any extensions or renewals. If an Order fails to conform to the requirements of this Addendum, the State, OIS, and the relevant Ordering Entity may require Contractor to promptly bring such Order into conformity with Addendum requirements, at Contractor's sole expense. If the Order cannot be brought into conformance by re-performance or other corrective measures, the State, 01S, or the relevant Ordering Entity may require Contractor to take action necessary to ensure that future performance conforms to Addendum requirements, and may exercise the remedies available under this Addendum, at law or in equity, In lieu of or In conjunction with such corrective measures. C. Monitoring. Contractor shall permit the State, 015, the federal government, and governmental agencies having jurisdiction, In their sole discretion, to monitor all activities conducted by Contractor pursuant to the terms of this Addendum using any reasonable procedure, including, but not limited to: internal evaluation procedures. examination of program data, special analyses, on-site checking, formal audit examinations. or any other procedures. All monitoring controlled by the State shall be performed in a manner that shall not unduly interfere with Contractor's performance hereunder. D. Final Audit Report. If an audit is performed on Contractor's records for any fiscal year covering a portion of the term of this Addendum, Contractor shall, upon reasonable request, submit a copy of the final audit report to the State•s principal representative at the address specified herein. Contractor shall use commercially reasonable efforts to ensure the provisions of this paragraph apply to any subcontract related to performance under this Addendum. Contractor shall, at Contractor's sole expense, reconstruct any records not preserved or retained as required by this paragraph. 8. CONFIDENTIAL INFORMATION-ORDERING ENTITY RECORDS Contractor shall comply with, and shall cause each of its Subcontractors. and any other party performing Work under this Addendum, to comply with the provisions of this §8 if it becomes privy to Confidential Information in connection with its performance hereunder. A. Confidentlallty. Contractor shall keep all Confidential Information confidential at all times and comply with all laws and regulations concerning confidentiality of Confidential Information. Any request or demand by a third party for State Data and Records. Confidential Information, or Ordering Entity Records and Information In the possession of Contractor shall be immediately forwarded to the State's or Ordering Entity's principal representative. B. Notification. Contractor shall notify its agent. employees, Subcontractors and assigns who may come Into contact with Confidential Information that each is subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before permitting them to access such Confidential Information. C. Use, Security, and Retention. Confidential Information, State Data and Records, and/or Ordering Entity Records of any kind shall not be distributed or sold to any third party or used by Contractor or its agents in any way, except as authorized by this Addendum or approved in writing by the State or the Ordering Entity, as applicable. Contractor shall provide and maintain a secure environment that ensures confidentiality of all Confidential Information wherever located. Confidential Information, State Data and Records, and/or Ordering Entity Records shall not be retained In any files or otherwise by Contractor or its agents, except as permitted In this Addendum or approved in writing by the Ordering Entity or the State. Except in connection with Contractor's performance of standard Services pertaining to technical support and maintenance that does not allow root level access, remote monitoring. or access to any Confidential Information all such information shall be stored, processed, or transferred only in, or to, facilities located within the United States. D. Protection. I. If Contractor provides physical or logical storage, processing or transmission of Confidential Information, State Data and Records, and/or Ordering Entity Records Contractor shall 18 CMS# 73320 CORE DOC ID# 2016•0149 provide physical and logical protection for all related hardware, software, applications and data that meet or exceed Industry standards and requirements as set forth In this Addendum or an Order. II. Contractor shall provide the State or an Ordering Entity with access, subject to Contractor's reasonable access security requirements, 7 days a week, 24 hours a day, for the purpose of Inspecting and monitoring access and use of Confidential Information, State Data and Records, Ordering Entity Records, maintain ing State or Ordering Entity systems, and evaluating physical and logical security control effectiveness. Ill. Contractor, if it retains, stores, or is given Confidential Information, or State Data and Records, or Ordering Entity Records, at all times shall maintain, and shall cause its Subcontractor's to maintain network, system, and application security, which includes network firewalls, intrusion detection, and annual security testing . iv. Contractor, if It retains, stores, or is given Confidential Information, or State Data and Records, or Ordering Entity Records, shall comply and shall cause its Subcontractor's to comply with State and federal regulations and guidelines related to security, confidentiality and auditing. v. Contractor, if it retains, stores, or Is given Confidential Information, State Data and Records, or Ordering Entity Records shall ensure, and shall cause Its Subcontractors to ensure, that security is not compromised by unauthorized access to computers, programs, software, databases, or other electronic environments and shall promptly report all breaches and attempted breaches to a representative of the Office of Information Security (OIS). vi. Neither Contractor nor its Subcontractors shall have any rights to use or access any Office of Information Technology (OIT) or other State agency data or Information, except with the prior written approval of OIT or the other State agency. vii. Contractor shall review, on a semi-annual basis, the Colorado Cyber Security Program (CCSP) posted at http://oit.state.eo.us/and Its related documents, Including Its policies and procedures to ensure compliance with the standards and guidelines published therein. viii. Contractor shall cooperate, and shall cause its Subcontractors to cooperate, with the performance of security audit and penetration tests by O IS or its deslgnee. Ix. Contractor shall follow, and shall cause its Subcontractors to follow, the State's Data Handling and Disposal policy, which can be found at http://oit.state.eo.us/. x. Contractor shall perform, and shall cause its Subcontractor's to perform, in a form reasonably acceptable to the State or Ordering Entity, current background checks on all of Its respective employees and agents performing on-site services that directly relate to the handling of or having access to Confidential Information, State Data and Records, and/or Ordering Entity Records provided under the Addendum. For any other services to be performed by Contractor or Subcontractors that involve access to Confidential Information, Contractor shall ensure that such personnel performing such services shall have passed an Industry standard background check, to the extent not prohibited by applicable law. A background check performed within thirty {30) days prior to the date such employee or agent begins on-site performance or obtains access shall be deemed to be current, except as otherwise agreed between the parties or subject to Contractor's certification of compliance with such background check requirements. E. Security-Notice. Contractor is responsible for the security of all Confidential Information, State Data and Records, and/or Ordering Entity Records provided to it by the State or an Ordering Entity. If Confidential lnfonnation and/or State Data and Records are provided to Contractor or any Subcontracto by the State or an Ordering Entity, Contractor shall comply with the State's Cyber Security Policies, which the OIS has promulgated pursuant to CRS §§24-37.5401 through 406 and 8 CCR §1501-5. The Policies are posted at http://oit.state.eo.us/. F. Security Breach Remediation. 19 CMS#73320 CORE DOC ID#2016*0149 I. If Contractor becomes aware of a security breach Involving State data, It shall notify 015, the State, and Ordering Entity Immediately and cooperate with the State, OIS, and Ordering Entity regarding recovery, remediation, and the necessity to Involve law enforcement, If any. In the event that Contractor is operating as an outsourcing agent, hosting or managed services provider to Ordering Entity and unless Contractor can establish that Contractor and any of its Subcontractors are not the cause or source of the breach, Contractor shall be responsible for the cost of notifying each Colorado resident and residents of other states whose personal lnfonnation (PII) may have been compromised. Notice shall be made as soon as possible within the legitimate needs of law enforcement and according to the requirements of the State. ll. In the event that Contractor is operating as an outsourcing agent, hosting or managed service provided to Ordering entity, Contractor shall be responsible for performing an analysis to determine the cause of the breach, and for producing a remediation plan to reduce the risk of Incurring a similar type of breach In the future. Ill. Contractor shall present such analysis and remediation plan to OIS within ten (10) days of notifying the State and Ordering Entity of the data security breach. The State and its OIS reserve the right to adjust this plan, In Its sole discretion. If Contractor cannot produce the required analysis and plan within the allotted time, the State and Its 01S, In Its sole discretion, may elect to perform such analysis, produce a remediation plan, and Contractor shall reimburse the State for the reasonable costs thereof. Iv. Contractor agrees to be liable for any unauthorized disclosure by Contractor or its Subcontractors of Personal Identity Information (PII) In Its possession or in the possession of Its Subcontractors as if Contractor were the owner of the data. Contractor acknowledges that any breach of PII by Contractor or its Subcontractor Is a material breach of the Addendum. A breach of PII shall have occurred when there has been unauthorized acquisition of unencrypted PII data ( electronic or otherwise) used in performance of the Addendum, or any subcontract from the Contractor's or any Subcontractors possession which compromised security, confidentiality, or Integrity of such PII. Contractor shall notify 015 immediately of any known breach or suspected breach, In no event later than twenty- four (24) hours after Contractor learns of suspected breach. OIS may establish required remediation procedures and Contractor shall comply without limitation as directed by OIS In the event such breach was caused by Contractor or Its Subcontractor. Contractor shall bear all costs of such remediation in the event it Is proved that Contractor or Its Subcontractor caused such breach of PII. G. Rights In Data, Documents, and Computer Software. I. State Materials. Except to the extent specifically provided elsewhere in this Contract, any State Confidential Information, State Data and Records, pre-existing State software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials, or Work Product of any type, Including drafts, prepared by Contractor in the performance of Its obligations under this Contract shall be the exclusive property of the State (collectively, "State Materials"). All State Materials shall be delivered to the State by Contractor upon completion or termination of this Contract. The State's exclusive rights In any Work Product prepared by Contractor shall Include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative works. Contractor shall not use, willingly allow, cause or permit any State Materials to be used for any purpose other than the performance of Contractor's obligations hereunder without the prior written consent of the State. Ii. Contractor Materials. Contractor retains the exclusive rights, title and ownership to any and all pre-existing materials owned or licensed to Contractor Including, but not limited to all pre- existing software, licensed products, associated source code, machine code, text images, audio and/or video, and third-party materials, delivered by Contractor under the Contract, whether incorporated In a Deliverable or necessary to use a Deliverable (collectively, "Contractor Property"). Contractor Property shall be licensed to the State as set forth in a 20 CMS#73320 CORE DOC ID# 2016~149 State approved license agreement: (i) entered into as exhibits to this Contract, or (U) obtained by the State from the applicable third party vendor, or (Hi) in the case of open source software, the license terms set forth in the applicable open source license agreement. H. Dlsclosure-LlabHlty. I. Disclosure of Confidential Information, State Data and Records, or Ordering Entity Records by Contractor or any Subcontractor for any reason may be cause for legal action by third parties against Contractor, the State, the Ordering Entity, or their respective agents. Subject to the terms and limitations herein, Contractor shall indemnify, save, and hold harmless the State, the Ordering Entity, and their employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, Incurred as a result of any act or omission by Contractor, or its employees, agents, Subcontractors, or assignees pursuant to this §81. II. The State or an Ordering Entity, in its sole discretion, may securely deliver Confidential Information, State Data and Records, and/or Ordering Entity Records directly to the facility where the data Is used to perform the Work. Confidential Information , State Date and Records, and/or Ordering Entity Records are not to be maintained or forwarded to or from any other facility or location except for the authorized end approved purposes of backup and disaster recovery purposes. The Contractor shall ensure that Confidential Information, State Data and Records, and/or Ordering Entity Records are not retained beyond timeframes established by the State and Ordering Entity. I. End of Agreement Data Handling. Upon request by the State or Ordering Entity made before or within sixty (60) days after the effective date of termination of this Addendum, Contractor will make available to the State or Ordering Entity a complete and secure (i.e. encrypted and appropriately authenticated), download file of all system data in XML format, including all Confidential Information, State Data and Records, Ordering Entity Records, schema and transformation definitions, and/or delimited text files with documented, detailed schema definitions along with attachments In their native format. The Parties agree that upon termination of the provision of data processing services, the Contractor shall, at the choice of the State or Ordering Entity, return all data, records, Confidential Information, State Data and Records, and/or Ordering Entity Records transferred, and any copies thereof to the State or Ordering Entity, and certify to the State or Ordering Entity that It has done so, unless legislation applicable to the Contractor prevents It from returning or destroying all or part of the data, Confidential Information, State Data and Records, and/or Ordering Entity Records transferred. In that case, the Contractor warrants that it will guarantee thereafter the confidentiality of the data, Confidential Information, State Data and Records, and/or Ordering Entity Records transferred and will not actively process the data transferred anymore. J. Disposition of Data. The State and Ordering Entities retain the right to use the established operational services to access and retrieve Confidential Information, State Data and Records, and/or Ordering Entity Records stored on Contractor's infrastructure, at their sole discretion. The Contractor and its Subcontractors warrant that upon request of the State, an Ordering Entity, and/or the OIS, the Contractor will make available its data processing facilities for an audit of the measures referred to In §7.D. The State and Ordering Entitles reserve all right, title and interest, Including all intellectual property and proprietary rights, In and to, system data, Confidential Information, State Data and Records, Ordering Entity Records, and and content provided by the State and Ordering Entity. K. Safeguarding Personal ldentfflable Information (PH). If Contractor or any of its Subcontractors will or may receive personally ldentlfieable information (PII) under the Addendum, Contractor shall provide for the security of such PII In a manner acceptable to the State, Ordering Entity, or the 01S in the case of a State Agency subject to compliance with C.R.S. 24-37.5-101 et seq ., including, without limitation, non-disclosure, use of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security Inspections and audits. Contractor shall take full responsibility for the 21 CMS #73320 CORE DOC ID# 2016"0149 security of all data in its possession or in the possession of its Subcontractors, and shall hold the State and Ordering Entitles harmless for any damages or liabilities resulting from the unauthorized disclosure or loss thereof. L. Safeguarding Federal Tax Information (FTI). If Contractor or any of its Subcontractors will or may receive federal tax information (FTI} under the Addendum, Contractor shall provide for the security of the FTI, In a manner acceptable to the Ordering Entity, or OIS in the case of a State Agency subject to compliance with C.R.S. 24-37.5-101 et seq., and in accordance with State and federal law. For the purposes of the Addendum, "FTI" shall mean federal or state tax returns, return information, and such other tax-related information as may be protected by State and federal law. Security safeguards shall include, without limitation, supervision by responsible employees, approval of Subcontractors as required by State or federal law, non-disclosure of information other than as necessary in the performance of Contractor's or its Subcontractor's obligations under the Addendum, non-disclosure protections, proper accounting and storage of information, civil and criminal penalties for non-compliance as provided by law, certifications and Inspections. Contractor shall comply with the requirements of Exhibit 4 (IRS Requirement}, attached hereto and incorporated herein. M. Safeguarding Payment Card Industry (PCI) Data. If Contractor or any of its Subcontractors will or may receive payment card industry (PCI} data under the Addendum, Contractor shall provide for the security of the PCI data, in accordance with PCI Data Security Standard (DSS) 1.1. For the purposes of the Contract, "PCI data" shall mean any data related to card holders' names, credit card numbers, or other credit card information as may be protected by State and federal law. Security safeguards shall include. without limitation, supervision by responsible employees, approval of Subcontractors as required by State or federal law, non-disclosure of information other than as necessary in the performance of Contractor's or its Subcontractor's obligations under the Addendum, non-disclosure protections, proper accounting and storage of information, civil and criminal penalties for non-compliance as provided by law, certifications and inspections. N. Intellectual Property Indemnification. Contractor shall indemnify, hold harmless and defend, at Contractor's sole expense, the State and Ordering Entitles and their respective employees and agents against any and all loss, cost, expenses or liability, including but not limited to attorneys fees, court costs and other legal expenses and damages arising out of a claim that any Goods or Services, software or Work Product provided by Contractor under this Addendum, or the use thereof, Infringes a patent, copyright, trademark, trade secret, or any other intellectual property right Contractor's obligation hereunder shall not extend to the combination of the Goods with any other product, system or method, unless the other product, system or method Is (a) provided by Contractor or Contractor's subsidiaries or affiliates. or (b) specified by Contractor to work with the Goods, or (c) reasonably required In order to use the Goods in its intended manner and the Infringement could not have been avoided by substituting another reasonably available product, system or method capable of performing the same function, or (d) Is reasonably expected to be used in combination with the Goods. Contractor's obligation to indemnify hereunder Is subject to the State (a) giving Contractor prompt written notice of any such claim; (b) giving Contractor sole control over the defense and settJement of any such claim provided Contractor is barred from agreeing the State is at fault, (c) providing full cooperation for the defense of any such claim, at Contractor's expense; and ( d) not entering into any settlement or compromise of any such claim without Contractor's prior written approval. Upon notice of an alleged infringement or If in Contractor's opinion such a claim is likely, Contractor shall have the right, at Its sole option and expense, to procure a license to the relevant Goods, Services, software or Work Product or modify the Goods, Services, software or Work Product or substitute other non-infringing hardware or software with similar operating capabilities; or if Contractor determines that the foregoing is not reasonable, Contractor may refund the fees paid by State or Ordering Entity for the infringing copies of the Goods, software or Work Product upon the State's return of such Goods, software or Work Product to Contractor. THIS SECTION 8.N (•CONTRACTOR INTELLECTUAL PROPERTY INDEMNIFICATION") SETS FORTH CONTRACTOR'S SOLE AND EXCLUSIVE LIABILITY AND THE STATE'S SOLE AND EXCLUSIVE REMEDIES FOR INFRINGEMENT BY 22 CMS #73320 CORE DOC ID# 2016•0149 THE GOODS, SERVICES, OR WORK PRODUCT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS OF ANY KIND._Notwithstanding anything to the contrary herein, at the State's option, the State may elect to have the Colorado State Attorney General (·AG•) defend such claim provided Contractor Is given full participation In both the defense and all related settlement negotiations and further provided that upon such election by the State, Contractor shall have no liability for AG's or the State's attorney fees or costs of litigation: and the State or AG agrees not to settle any claim unless it unconditionally releases Contractor of all liability and obtains prior written approval from Contractor. 0. Transition of Services. Upon expiration or earlier termination of this Addendum or any Services provided hereunder, Contractor shall accomplish a reasonable transfer of the Services from Contractor to the State or Ordering Entity or any replacement entity designated solely by the State or Ordering Entity without any material interruption of or adverse impact on the Services or any other services provided by Subcontractors hereunder. Contractor shall cooperate fully with the State or Ordering Entity or such replacement entity, and promptly take all steps required to assist in effecting a complete transfer of the Services as designated by the State or Ordering Entity. In the event of termination for uncured material breach by Contractor, all work related to such transfer of Services shall be performed at no additional cost beyond what would be paid for the Services hereunder. 9. CONFLICTS OF INTEREST A. Contractor shall not engage in any business or personal activities or practices or maintain any relationships which conflict In any way with the full perfonnance of Contractor's obligations hereunder. Contractor acknowledges that with respect to this Addendum, even the appearance of a conflict of Interest is harmful to the State's Interests. B. Absent the State's prior written approval, Contractor shall refrain from any practices, activities or relationships that reasonably appear to be In conflict with the full performance of Contractor's obligations to the State hereunder. If a conflict or appearance thereof exists, or if Contractor is uncertain whether a conflict or the appearance of a conflict of interest exists, Contractor shall submit to the State a disclosure statement setting forth the relevant details for the State's consideration. Failure to promptly submit a disclosure statement or to follow the State's direction In regard to the apparent conflict constitutes a breach of this Addendum. 10. REPRESENTATIONS AND WARRANTIES Contractor makes the following specific representations and warranties for the benefit of the State and Ordering Entitles on the date hereof and as of each Order's effective date, each of which was relied on by the State in entering into this Addendum, and will be relied upon by the State in entering Into this Addendum and by each Ordering Entity in placing Orders with Contractors. A. Standard and Manner of Performance. Contractor shall perform its obligations hereunder in accordance with the highest standards of care, skill and diligence In Contractor's industry, trade, or profession and in the sequence and manner set forth in this Addendum and in any Order. B. Legal Authority-Contractor Signatory. Contractor warrants that it possesses the legal authority to enter into this Addendum and that it has taken all actions required by Its procedures, and by-laws, and/or applicable laws to exercise that authority, and to lawfully authorize Its undersigned signatory to execute this Addendum, or any part thereof, and to bind Contractor to Its terms. If requested by the State, Contractor shall provide the State with proof of Contractor's authority to enter into this Addendum within 15 days of receiving such request. C. Licenses, Permits, Etc. I. Contractor represents and warrants that as of the Effective Date it has, and that at all times during the term hereof it shall have and maintain, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other authorizations required by law to perform its obligations hereunder. Contractor warrants that It shall maintain all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to properly perform this Addendum, without reimbursement by the State or other adjustment in 23 CMS# 73320 CORE DOCID#20l6-0149 Contract Funds. Additionally, all employees and agents of Contractor delivering Orders under this Addendum shall hold all required licenses or certifications, if any, to perform their responsibilities. ii. Contractor, if a foreign corporation or other foreign entity transacting business in the State of Colorado, further warrants that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent In Colorado to accept service of process. Any revocation, withdrawal or non- renewal of such licenses, certifications, approvals. Insurance, permits or any such similar requirements necessary for Contractor to properly perform the terms of this Addendum is a material breach by Contractor and may constitute grounds for termination of this Addendum. D. Doing Business In Colorado. Contractor and its Subcontractors and authorized dealer/distributors, if applicable. shall register to do business within the State of Colorado with the Colorado Secretary of State, in accordance with Colorado Revised Statute (CRS) 7-90-801, and must maintain such registration in "good standing" throughout the term of this Addendum. Contractor shall provide the State upon the State's request a copy of Contractor's Articles of Incorporation and/or Bylaws. E. Federal Employer Identification Number (FEIN). Contractor shall submit to the State its F.E.1.N. and a completed W-9, Taxpayer Identification form before any Ordering Entity may Issue an Order to Contractor under this Addendum. 11. INSURANCE Contractor and its Subcontractors shall obtain and maintain Insurance as specified In this §11 at all times during the term of this Addendum. All policies evidencing the insurance coverage required hereunder shall be issued by Insurance companies satisfactory to Contractor and the State. A. Contractor I. Publlc Entities a) If Contractor Is a "public entity' within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended (the "GIA"), then Contractor shall maintain at all times during the term of this Addendum such liability insurance, by commercial policy or self-insurance, as Is necessary to meet its liabilities under the GIA. b) Contractor shall show proof of such Insurance satisfactory to the State, if requested by the State. Contractor shall require each contract with a Subcontractor that is a public entity, to include the insurance requirements necessary to meet such Subcontractor's liabilities under the GIA. II. Non-Public Entitles. If Contractor Is not a "public entity" within the meaning of the GIA, Contractor shall obtain and maintain during the term of this Addendum insurance coverage and policies meeting the same requirements set forth in §11(8) with respect to Subcontractors that are not "public entities". B. Contractors -Subcontractors. Contractor shall require each contract with Subcontractors providing Goods or Services in connection with this Addendum, other than those that are public entities, to include insurance requirements substantially similar to the following: I. Worker's Compensation. Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all of Contractor's or Subcontractor's employees acting within the course and scope of their employment ii. General Liability. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, Independent Contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: (a) $100 ,000 each occurrence; {b) $100,000 general aggregate: (c) $100,000 products and completed operations aggregate: and (d) $50,000 any one fire. If any aggregate limit is reduced below $100,000 because of claims made or paid, Contractor and/or Subcontractor shall immediately obtain additional 24 CMS# 73320 CORE DOC ID# 2016-0149 insurance to restore the full aggregate limit and furnish to Contractor a certificate or other document satisfactory to Contractor showing compliance with this provision. Iii. Automobile Llablllty. Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined single limit. iv. Cyber Privacy Insurance. Cyber Privacy Insurance for claims and losses with respect to network, inetemet (cloud) or other data disclosure risks (such as data breaches, releases of confidential information, unauthorized access/use of information, and Identity theft) with minimum limits of not less than $1,000,000 per occurrence and $2,000,000 aggregate. The State acknowledges and agrees that Contractor may provide such coverage levels pursuant to an appropriate comprehensive insurance policy (i.e., Professional Liability or General Liability Insurance, as appropriate). v. Professlonal Llablllty. Professional Liablllty Insurance Polley In the minimum amount of $1,000,000 per occurrence and $1,000,000 in the aggregate, written on an occurrence form that provides coverage for its work undertaken pursuant to this Addendum. If a policy written on an occurrence form Is not commercially available, a claims-made policy shall remain in effect for the term of the Contract and for at least two years beyond the completion and acceptance of the Work under this Contract, or, alternatively, Contractor must purchase a two year extended reporting period. vi. Additional Insured. The State shall be named as additional insured on all Commercial General Liability and Automobile Liability Insurance policies (leases and construction contracts require additional insured coverage for completed operations on endorsements CG 201 O 11/85, CG 2037, or equivalent) required of Contractor and any Subcontractors hereunder. vii. Primacy of Coverage. Coverage required of Contractor and Subcontractor shall be primary over any insurance or self-Insurance program carried by Contractor or the State. viii. Cancellation. The above insurance policies shall include provisions preventing cancellation or non-renewal without at least 30 days prior notice to Contractor and Contractor shall forward such notice to the State in accordance with §6 of the Addendum within seven days of Contractor's receipt of such notice. Ix. Subrogation Waiver. All insurance policies in any way related to this Addendum and secured and maintained by Contractor or its Subcontractors as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against Contractor or the State, Its agencies, institutions; organizations, officers, agents, employees, and volunteers; provided however that such subrogation waivers shall only be available to the extent applicable to on-site servicing of products by Contractor or Its Subcontractors. C. Certificates. Contractor and all Subcontractors shall provide certificates showing insurance coverage required hereunder to the State within seven business days of the Effective Date of this Addendum. No later than 15 days prior to the expiration date of any such coverage, Contractor and each Subcontractor shall deliver to the State certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other time during the term of this Addendum or any subcontract, Contractor and each Subcontractor shall, within 1 O days of such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this §11. 12.BREACB A. Defined. In addition to any explicit breaches specified in other sections of this Addendum and the Master Agreement, the failure of the Contractor, the State or an Ordering Entity to perform any of their material obligations hereunder, in whole or in part or in a timely or satisfactory manner, constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar 25 CMS#73320 CORE DOC ID# 2016•0149 officer for Contractor or any of Its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof, shall also constitute a breach. B. Notice and Cure Period. In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party and to the State in the manner provided in §6 of the Addendum. If such breach is not cured within 30 days of receipt of written notice, or if a cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued with due diligence, the State or an Ordering Entity may exercise any of the remedies set forth in §13 (Remedies). Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and may immediately terminate this Addendum in whole or In part if reasonably necessary to preserve public safety or to prevent Immediate public crisis. 13. REMEDIES If Contractor Is In breach under any provision of this Addendum, the State and an Ordering Entity shall have all of the applicable remedies listed in this §13, except for those remedies specifically limited to the State, in addition to all other remedies set forth in other sections of this Addendum, the Master Agreement, and under applicable law, following the notice and cure period set forth in §12 (Breach). The State and any Ordering Entity may exercise any or all of the remedies available to It, In Its sole discretion, concurrently or consecutively. A. Contract Termination for Cause and/or Material Breach. The State may terminate this entire Addendum or any part thereof, or any Order, in response to Contractor's uncured material breach. Exercise by the State of this right shall not be a breach of its obligations hereunder. Contractor shall remain responsible for performance of this Addendum and any Orders to the extent not terminated, If any. I. Obllgatlons and Rights. a) To the extent specified in any termination notice, Contractor shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall terminate outstanding orders and subcontracts with third parties pertaining to such performance. However, Contractor shall complete and deliver to individual Ordering Entities all Orders not cancelled by the termination notice and may incur obligations as are necessary to do so within this Addendum's terms. b) Upon termination, Contractor and any Subcontractor shall take timely, reasonable and necessary action to protect and preserve property in the possession of Contractor In which any individual Ordering Entities have an Interest Contractor and any Subcontractors shall immediately return to the Ordering Entity all materials owned by the Ordering Entity that are in their possession. Ii. Payments. Ordering Entities shall reimburse Contractor only for accepted performance up to the date of termination of an Order. If, after termination of an Order by State Ordering Entities, it Is determined that Contractor was not in breach or that Contractor's action or Inaction was excusable, such termination shall be treated as a termination In the public interest and the rights and obligations of the Parties shall be the same as if this Addendum had been terminated in the public interest, as described below in §13.B. Ill. Damages and Withholding. Notwithstanding any other remedial action by the State or an Ordering Entity, but subject to the limitations of liability described herein, Contractor shall remain liable to the State or the Ordering Entity as may be appropriate for any actual damages sustained by the State or the Ordering Entity by virtue of any material and uncured breach under this Addendum by Contractor. An Ordering Entity may withhold any payment to Contractor for the purpose of mitigating the Ordering Entity's damages, until such time as the exact amount of damages due to the Ordering Entity from Contractor is determined.An Ordering Entity may withhold any amount that may be due Contractor as the Ordering Entity deems necessary to protect against loss, including loss as a result of outstanding liens, claims of former lien holders, or for the excess costs incurred in procuring substitute Goods or Services. Subject to the provisions of 13.H. below, Contractor shall be liable to Ordering 26 CMS# 73320 CORE DOC ID# 2016*0149 Entity for excess costs Incurred by the Ordering Entity in procuring from third parties replacement Work or substitute Goods and/or Services. B. Contract Early Tennlnatlon In the Public Interest. The State is entering Into this Addendum for the purpose of carrying out the public policy of the State of Colorado, as determined by Its Governor, General Assembly, and/or Courts. If this Addendum ceases to further the public policy of the State, the State, in Its sole discretion, may terminate this Addendum, and any Order, In whole or In part. Exercise by the State of this right shall not constitute a breach of the State's or any Ordering Entity's obligations hereunder. This subsection shall not apply to a termination of this Addendum by the State for cause or breach by Contractor, which shall be governed by §13.A or as otherwise specifically provided herein. i. Method and Content. The State shall notify Contractor of such termination in accordance with §6 of the Addendum. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Addendum and any Orders . II. Obligations and Rights. Upon receipt of a termination notice, Contractor shall be subject to and comply with the same obligations and rights set forth In §13(A)(I). Ill. Payments. If this Addendum is terminated by the State pursuant to this §13(8), Contractor shall be paid by respective Ordering Entities for all outstanding Orders an amount which bears the same ratio to the total reimbursement under those Orders as Contractor's obligations that were satisfactorily performed bear to the total obligations set forth in each Order, less payments previously made. Additionally, if an Order is less than 60% completed, an Ordering Entity may reimburse Contractor for a portion of actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by Contractor which are directly attributable to the uncompleted portion of Contractor's obligations hereunder; provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Contractor by an Ordering Entity under such Order. C. State's Option to Terminate. The State may, at any time, terminate this Addendum by sending prior written notice to the Contractor. Such notice shall state the effective date of termination, which shall be no less than 30 calendar days after the date of the notice. D. Remedies Not Involving Contract Termination. The State, In Its sole discretion, may exercise one or more of the following remedies In addition to other remedies available to it: i. Suspend Perfonnance. Suspend Contractor's performance with respect to all or any portion of this Addendum pending necessary corrective action as specified by the State without entitling Contractor to an adjustment in price/cost or performance schedule. Contractor shall promptly cease performance and incurring costs In accordance with the State's directive and the State shall not be liable for costs incurred by Contractor after the suspension of performance under this provision. Ii. Withhold Payment Withhold payment to Contractor until corrections in Contractor's performance are satisfactorily made and completed. Ill. Deny Payment. Deny payment for those obligations not performed that, due to Contractor's actions or inactions, cannot be performed or, if performed, would be of no value to the State, provided, that any denial of payment shall be reasonably related to the value to the State of the obligations not performed. Iv. Removal. Notwithstanding any other provision herein, the State may demand Immediate removal of any of Contractor's employees, agents, or Subcontractors whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued participation under this Addendum is deemed to be contrary to the public Interest or the State's best Interest. E. Intellectual Property. If Contractor infringes on a patent, copyright, trademark, trade secret or other intellectual property right while performing Its obligations under th is Addendum, Contractor shall, at Its sole option (a) obtain for the State or Contractor the right to use such Goods and 27 CMS#7JJ20 CORE DOC ID# 2016'0149 Services; (b) replace any Goods involved in the performance of the Services with non-Infringing Goods, or modify them so that they become non-infringing; or, (c) if neither of the foregoing alternatives are reasonably available, remove or discontinue any Infringing Services or Goods and refund the price paid therefore to the State. F. Non-State Ordering Entity Remedies. Non-State Ordering Entities may include other remedies in the terms of the Orders they place. G. Delay or Nonperformance -Liquidated Damages. If an Ordering Entity provides Contractor with written notice of delay or nonperformance under an Order In accordance with §6 of the Addendum, and Contractor falls to cure such delay or nonperformance wHhln the time specified in such notice, then to the extent such Order contains a liquidated damages provision and such Order was signed by an authorized representative of Contractor, Contractor shall be Hable for the liquidated damages In addition to any other applicable damages as provided therein, subject to Section 13H below. H. Limitation of Liability. EXCEPT FOR CONTRACTOR'S INDEMNIFICATION OBLIGATIONS, AND SUBJECT TO EXTINGUISHMENT OF COVERAGE PER APPLICABLE INSURANCE POLICY, NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, EACH PARTY'S TOTAL LIABILITY ARISING FROM OR IN RELATION TO THIS AGREEMENT OR THE GOODS AND SERVICES, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO THE TOT AL AMOUNT PAID OR PAY ABLE UNDER THIS AGREEMENT FOR THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM IN THE MOST RECENT FULL CALENDAR YEAR PRECEDING EITHER PARTY'S INmAL NOTICE OF ANY CLAIM OR POTENTIAL CLAIM HEREUNDER OR SI00,000, WHICHEVER IS GREATER. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO DAMAGES ARISING FROM DEATH OR PERSONAL INJURY. 14. GOVERNMENTAL IMMUNITY Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the Governmental Immunity Act §24-10-101, et seq. and the risk management statutes, CRS §24-30-1501, et seq., as amended. 15. STATEWIDE CONTRACT MANAGEMENT SYSTEM A. If the maximum amount payable to Contractor by State Ordering Entities under this Addendum is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §15 applies. Contractor agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102- 206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of Contractor performance on state contracts and Inclusion of contract performance information In a statewide contract management system. Contractor's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Addendum, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Contractor's performance shall be part of the normal contract administration process and Contractor's performance will be systematically recorded in the statewide Contract Management System. B. Areas of Evaluation and Review shall incJude, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Contractor's obligations under this Addendum shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Contractor's obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established by State Ordering Entities and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Addendum term. Contractor shall be notified following 28 CMS#73320 CORE DOC ID# 2016•0149 each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain Work progress. C. Should the final performance Evaluation and Review determine that Contractor demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the State Purchasing Office, and showing of good cause, may debar Contractor and prohibit Contractor from bidding on future contracts. D. Contractor may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided In CRS §§24-109-106, 107, 201 or 202, which may result In the reversal of the debarment and reinstatement of Contractor, by the Executive Director, upon a showing of good cause. E. At the end of the current contract term or sooner in the event the Addendum is terminiated prior to the full term, the Contractor shall complete and submit a performance evaluation in a form substantially equivalent to Exhibit 3 (Sample Contractor Performance Evaluation) attached hereto and incorparted herein. 16. GENERAL PROVISIONS A. Assignment and Subcontracts. Contractor's rights and obligations hereunder are personal and may not be transferred, assigned or subcontracted without the prior, written consent of the State. Any attempt at assignment, transfer, subcontracting without such consent shall be void. All assignments, subcontracts, or Subcontractors approved by Contractor or the State are subject to all of the provisions hereof. Contractor shall be solely responsible for all aspects of subcontracting arrangements and performance. B. Binding Effect. Except as otherwise provided in §18(A), all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors, and assigns. C. Captions. The captions and headings In this Addendum are for convenience of reference only, and shall not be used to Interpret, define, or limit its provisions. D. Counterparts. This Addendum may be executed in multiple Identical original counterparts, all of which shall constitute one agreement. E. Entire Understanding. This Addendum, together with the Master Agreement, represents the complete integration of all understandings between the Parties, and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions, deletions, or other changes hereto shall not have any force or effect whatsoever, unless embodied herein. F. Indemnification. Contractor shall indemnify, save, and hold harmless the State, Its employees and agents, against any and all third party claims, damages, llablllty and court awards Including costs, expenses, and attorney fees and related costs, incurred as a result of any willful misconduct or negligent act or omission by Contractor, or its employees, agents, Subcontractors, or assignees pursuant to the tenns of this Contract; however, the provisions hereof shall not be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq ., as applicable, as now or hereafter amended. G. Jurisdiction and Venue. All suits or actions related to this Addendum shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. H. Modification I. By the Parties 29 CMS# 73320 CORE DOC ID# 2016•0149 a) Except as specifically provided in this Addendum, modifications of this Addendum shall not be effective unless agreed to in writing by the Parties in an amendment to this Addendum, properly executed and approved In accordance with applicable Colorado State law and State Fiscal Rules. b) Modifications permitted under this Addendum, other than amendments, shall conform to the policies of the Office of the State Controller, including, but not limited to, the policy entitled MODIFICATIONS OF CONTRACTS -TOOLS AND FORMS. II. By Operation of Law. This Addendum Is subject to such modifications as may be required by changes In Federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Addendum on the effective date of such change, as if fully set forth herein. I. Order of Precedence. The provisions of this Addendum shall govern the relationship of the Parties. In the event of conflicts or inconsistencies between this Addendum and its exhibits and attachments, including, but not limited to, those provided by Contractor, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: I. FFATA Provisions II. §17 of this Exhibit A to the Addendum, Colorado Special Provisions, Iii. The provisions of the main body of this Addendum and this Exhibit A, Iv. The Provisions of the Master Agreement v. The provisions of each Order J. Severablllty. Provided this Addendum can be executed and performance of the obligations of the Parties accomplished as intended, the provisions hereof are severable and any provision that Is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof, provided that the Parties can continue to perform their obligations under this Addendum in accordance with its intent. K. Survival of Certain Addendum Terms. Notwithstanding anything herein to the contrary, provisions of this Addendum requiring continued performance, compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by the State or an Ordering Entity if Contractor fails to perform or comply as required. L. Third Party Beneficiaries. Enforcement of this Addendum and all rights and obligations hereunder are reserved solely to the Parties. Any services or benefits which third parties receive as a result of this Addendum are incidental to the Addendum, and do not create any rights for such third parties. M. Waiver. Waiver of any breach under a term, provision, or requirement of this Addendum, or any right or remedy hereunder, whether expllciUy or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement N. CORA Disclosure. To the extent not prohibited by federal law, this Addendum and the performance measures and standards under CRS §24-103.5-101, if any, are subject to public release through the Colorado Open Records Act, CRS §24-72-101, et seq. 0. Sex Offender Registry Check. If in the course of doing business, a Contractor's employee and its subcontractors, and/or authorized dealers/distributors, visits a State facility that has as clients children under the age of 21 on the premises, Contractor shall complete a sex offender registry check on each such employee prior to such employee going to any such State facility. In the event a Contractor's employee is on the registry, such employee shall not be sent to a State facility and will not be admitted to such facility. Link to access the Colorado Department of Public Safety's website: http:1/cdpsweb.state.co.us/ (Reference CRS §16-22-110, Sex Offender Registry.) 17. FEDERAL FUNDING ACCOUNTABILTY AND TRANSPARENCY ACT OF 2004 ("FFATA "). 30 CMS# 73320 CORE DOC ID# 2016•0149 If or when an Ordering Entity places an Order using FFATA funds, the Ordering Entity shall immediately notify the Participating State and Contractor and such Order shall include the "State of Colorado Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders Subject to the Federal Funding Accountability and Transparency Act of 2006, as amended," as such provisions may be modified from time to time. The FFATA provisions are available on the website of the Colorado State Controller at:https://www.colorado.gov/pacific/osc/ffata.httos://www.colorado.aov/pacific/osc/ffata. The Participating State and the Ordering Entity agree to comply with all federal and state reporting requirements for the use of FFATA funds. Contractor shall provide the required report to the Ordering Entity with the invoice presented to the Ordering Entity for payment. The Parties acknowledge that Contractor, for purchases under this Addendum, is not a subcontractor or subgrantee, but a provider of goods and related services. 18. COLORADO SPECIAL PROVISIONS These Special Provisions apply to all State Agencies and State-funded Institutions of Higher Education contracts and Orders except where noted In Italics. A. CONTROLLER'S APPROVAL. CRS §24-30-202 (1). This Addendum shall not be valid until It has been approved by the Colorado State Controller or designee. B. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY. No term or condition of this Addendum shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended. D. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent Contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment Insurance or Workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. E. UMEMPLOYMENT INSURANCE. Unemployment Insurance benefits wlll be available to Contractor and Its employees and agents only If such coverage Is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes Incurred pursuant to this Addendum. Contractor shall not have authorization, express or Implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall (a) provide and keep In force Workers' compensation and unemployment compensation insurance In the amounts required by law, (b) provide proof thereof when requested by the State, and ( c) be solely responsible for its acts and those of its employees and agents. F. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, rules , and regulations in effect or hereafter established, Including, without limitation, laws applicable to discrimination and unfair employment practices. G. CHOICE OF LAW. Colorado law, and rules and regulations Issued pursuant thereto, shall be applied in the Interpretation, execution, and enforcement of this Addendum. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void . Any provision Incorporated herein by reference which purports to negate this or any other Special Provision In whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not Invalidate the remainder of this Addendum, to the extent capable of execution. 31 CMS#73320 CORE DOC ID# 2016•0149 H. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary In this Addendum or incorporated herein by reference shall be null and void. I. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this Addendum shall not be used for the acquisition, operation, or maintenance of computer software In violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this Addendum and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Addendum, including, without limitation, immediate termination of this Addendum and any remedy consistent with federal copyright laws or applicable licensing restrictions. J. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50- 507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Addendum. Contractor has no interest and shall not acquire any Interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor's services and Contractor shall not employ any person having such known Interests. K. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not applicable to Intergovernmental agreements] Subject to CRS §24-30-202,4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued Interest, or other charges specified In CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. L. PUBLIC CONTRACTS FOR SERVICES. CRS §8•17.5-101. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform Work under this Addendum and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform Work under this Addendum, through participation in the E-Verify Program or the State program established pursuantto CRS §8-17.5-102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform Work under this Addendum or enter into a contract with a Subcontractor that fails to certify to Contractor that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform Work under this Addendum. Contractor (a) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Addendum Is being performed, (b) shall notify the Subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for Work under this Addendum, (c) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an Investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates In the State program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Contractor has examined the legal Work status of such employee, and shall comply with all of the other requirements of the State program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this Addendum for breach and, if so terminated, Contractor shall be liable for damages. 32 CMS#7J320 CORE DOC ID# 2016-0149 M. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) Is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this Addendum. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK 33 I Date: EXlilBIT 1 -SAMPLE OPTION LEITER CMS#73320 CORE DOC ID#2016~149 I Original Contract CMS #: I Option Letter# I CMS Routing # 1) OPTION. Option to renew only (for an additional term) 2) REQUIRED PROVISIONS. In accordance with Section(s) of the Original Contract between the State of Colorado, Department of Personnel & Administration, Division of Finance and Procurement, State Purchasing Office and.Insert Legal Name of Contractor, the State hereby exercises its option for an additional term beginning Insert start date and ending on Insert ending date at a cost/price specified in Section , AND/OR an increase/decrease in the amount of goods/services at the same rate(s) as specified in Identify the Section, Schedule, Attachment, Exhibit etc. 3) EFFECTIVE DATE. The effective date of this Option Letter is upon approval of the State Controller or whichever is later. STATE OF COLORADO John W. Hickenlooper, Governor Name of Agency or DIE By: Insert Name & Title of Person Signing for Agency or IllE Date: ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30..202 requires the State Controller to approve all State contracts. This Option Letter ls not valid until signed and dated below by the State Controller or delegate. Contractor Is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obli ated to a Contractor for such erformance or for an oods and/or services rovlded hereunder. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: _____________ _ Insert Name of Agency or llIE Delegate-Please delete if contract will be routed to OSC for approval Date: -------- CMS #73320 CORE DOC ID# 2016•0149 EXIDBIT 2 -SAMPLE SUMMARY CONTRACTOR VOLUME REPORT Vendor Name: Contact Person: E•Mall Addntss: Phone: Date: Colllfado Price Agntement I: Convnodlty ar Sl!Nlce Name: STATE OF COLORADO VENDOR QUARTERLY SUMMARY VOLUME REPORT • • • • _,_,20a • • ReportJn& Period • Please select the appropriate period: Reponln1 Yur • Please Hiett the appropriate year: Send campletcdform ID: 5tata Purdlul111 Offlm 1525 Sherm111 St1111t. lhlrd Floor Denver, co 8IJ2fB --·--1111•-~-,--#--~---I-It-I,. □+--RI/ In HIOIIIIOhttd MOS Julv • September • +--Selrct OM from each Droo Down Menu 2013 .:J SPO Saurcln1 Spedalst Contact • Please Hlect the Spetlallst and e-mall this fonn to: Molly Randol (3031866-6191 Mlllly,Randolc,state.ca.us ' sales Data Raoo11ed Type of Entity Total S.iles Dollars Re1ular [llstl Prlclni Estimated Cost Salll111s• Total Paid Bv Total Gll!en Slles1 This Quarter' ofTatal Sales1 Commercial Credit Canf State Aaencles and other $ . State Demrtrnents $ . $ . °" $ . °" $ . °" Higher Education $ . $ . $ . °" $ . °" $ . °" Polltlcal Subdivisions" $ . $ . $ . °" $ . °" $ . °" Non-Proflt1 $ . $ . $ . °" $ . °" $ . °" T11tal1 $ . s . $ . °" $ . °" $ . °" Colo. Admln. Fee1 $ . Note: MIiie dledc p~ble to "State of Colorado". Send to: Colorado State Purdluln1 Offlai, 1525 Sherman Street, Third Floor, Denver, CO 1112113 le end 1 2 3 4 6 7 8 ---------SPOU1aOnly---------Date EnteredtaQYRLoa: Natel/Camments: (enterhere•->J 35 CMS#73320 CORE DOC ID# 2016-0149 EXHIBIT 3-SAMPLE CONTRACTOR PERFORMANCE EVALUATION State of Colorado Contract Management Information FINAL Contractor Performance Evaluation Colorado Revised Statutes §24-102-205(6) Uoon COfffp{nfon of each personal services contract with a value over SI00,000, the individual selected by the state aaency or institution of higher education (!HE), pursuant to CRS §24-103.5-101(3), to monitor the rnn,.,.",nr. wnf'lr tmrlH' th,. N\fttf"'Drt ,rnflfnrt CMS Identification Number: Name of State Agency/IBE: Name of Project/Program: Contract Completion Date: Name of Contractor/Grantee: Contractor Performance -evaluation conducted after completion of services Contractor met requirements related to Quality: Contractor met reqtliRmcnt related to Cost: Contractor met requirements related to Timeliness: Yes 0 Yes 0 Yes 0 Briefly indicate area(s) of non-compliance and steps taken to remedy: lndiciate number and dates of interim performance evaluation worksheets completed for this contract: Overall Rating of Contractor Perfonnance: Below Standard 0 Standard 0 Above Standard 0 The following to be completed by the Stiate following submittal to Contractor for review Provided contractor with opportunity to review Evaluation? (Date sent: Contractor submitted response to Evaluation? (Date rebuttal received: Contractor disputed Evaluation? (Date Dispute received: IfNo, explain: ) ) ) Yes 0 Yes 0 Yes a No a By signing below, I acknowledge that I have completed this Final Contractor Performance Evaluation in accordance with C.R.S. § 24-102-205(6) Signature: _____________ _ Title: _________ _ Print Name: ____________ _ Date: _________ _ Phone: _________ _ 36 EXIIlBIT 4 -IRS REQUIREMENT I. PERFORMANCE CMS#73320 CORE DOC ID# 2016•0149 In performance of this contract, the contractor agrees to comply with and assume responsibility for compliance by his or her employees with the following requirements: 1) All work will be done under the supervision of the contractor or the contractor's employees. 2) Any return or return information made available in any format shall be used only for the purpose of carrying out the provisions of this contract. Information contained in such material will be treated as confidential and will not be divulged or made known in any manner to any person except as may be necessary in the performance of this contract. Disclosure to anyone other than an officer or employee of the contractor will be prohibited. 3) All returns and return information will be accounted for upon receipt and properly stored before, during, and after processing. In addition, all related output will be given the same level of protection as required for the source material. 4) The contractor certifies that the data processed during the performance of this contract will be completely purged from all data storage components of his or her computer facility, and no output will be retained by the contractor at the time the work is completed. If immediate purging of all data storage components is not possible, the contractor certifies that any IRS data remaining in any storage component will be safeguarded to prevent unauthorized disclosures. 5) Any spoilage or any intermediate hard copy printout that may result during the processing of IRS data will be given to the agency or his or her designee. When this is not possible, the contractor will be responsible for the destruction of the spoilage or any intermediate hard copy printouts, and will provide the agency or his or her designee with a statement containing the date of destruction, description of material destroyed, and the method used. 6) All computer systems processing, storing, or transmitting Federal tax information must meet the requirements defined in ms Publication 1075 . To meet functional and assurance requirements, the security features of the environment must provide for the managerial, operational, and technical controls. All security features must be available and activated to protect against unauthorized use of and access to Federal tax information. 7) No work involving Federal tax information furnished under this contract will be subcontracted without prior written approval of the IRS. 8) The contractor will maintain a list of employees authorized access. Such list will be provided to the agency and, upon request. to the IRS reviewing office. 9) The agency will have the right to void the contract if the contractor fails to provide the safeguards described above. II. CRIMINAL/CIVIL SANCTIONS 1) Each officer or employee of any person to whom returns or return infonnation is or may be disclosed will be notified in writing by such person that returns or return information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such returns or return information for a purpose or to an extent unauthorized herein constitutes a felony punishable upon conviction by a fine of as much as $5,000 or imprisonment for as long as 5 years, or both, together with the costs of prosecution. Such person shall also notify each such officer and employee that any such unauthorized further disclosure of returns or return information may also result in an award of civil damages against the officer or employee in an amount not less than $1,000 with respect to each instance of unauthorized disclosure. These penalties are prescribed by IRC sections 7213 and 7431 and set forth at 26 CFR 301.6103(n).l . 2) Each officer or employee of any person to whom returns or return information is or may be disclosed shall be notified in writing by such person that any return or return information made available in any format shall be used only for the purpose of carrying out the provisions of this contract. Information contained in such material shall be treated as confidential and shall not be divulged or made known in any manner to 37 CMS#73320 CORE DOC ID# 2016•0149 any person except as may be necessary in the performance of the contract. Inspection by or disclosure to anyone without an official need to know constitutes a criminal misdemeanor punishable upon conviction by a fine of as much as $1,000 or imprisonment for as long as 1 year, or both, together with the costs of prosecution. Such person shall also notify each such officer and employee that any such unauthorized inspection or disclosure of returns or return information may also result in an award of civil damages against the officer or employee [United States for Federal employees] in an amount equal to the sum of the greater of $1,000 for each act of unauthorized inspection or disclosure with respect to which such defendant is found liable or the sum of the actual damages sustained by the plaintiff as a result of such unauthorized inspection or disclosure plus in the case of a willful inspection or disclosure which is the result of gross negligence, punitive damages, plus the costs of the action. These penalties are prescribed by IR.C section 7213A and 7431. 3) Additionally, it is incumbent upon the contractor to inform its officers and employees of the penalties for improper disclosure imposed by the Privacy Act of 1974, 5 U.S.C. 552a. Specifically, 5 U.S.C. 552a(i)(l), which is made applicable to contractors by 5 U.S.C. 552a(m)(l), provides that any officer or employee of a contractor, who by virtue of his/her employment or official position, has possession of or access to agency records which contain individually identifiable information, the disclosure of which is prohibited by the Privacy Act or regulations established there under, and who knowing that disclosure of the specific material is prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. III. INSPECTION The m.s and the Agency shall have the right to send its officers and employees into the offices and plants of the contractor for inspection of the facilities and operations provided for the performance of any work under this contract. On the basis of such inspection, specific measures may be required in cases where the contractor is found to be noncompliant with contract safeguards. 38 State of Colorado WSCA-NASPO Cooperative Agreement 20l6-0000-0000-0000-0149/NASPO Signed and Executed Date: 07/23/2016 OPTION LETTER Original Contract CMS #: 73320 Option Letter # 1 CMS Routing# 92998 I 1) OPTIONS: Option to renew only. 2) REQUIRED PROVISIONS: In accordance with the Participating Addendum, Exhibit A, Section 3.C, Term, States option to extend between the State of Colorado, Department of Personnel and Administration, State Purchasing and Contracts Office, ("State") and Extreme Networks Inc. ("Contractor;, the State hereby exercises its option for an additional term beginning 09/01/2016 and ending on 05/31/2019 at the same rates and same terms specified in the original Participating Addendum, 20516YYY72, as amended. 3) EFFECTIVE DATE: The effective date of this Option Letter is upon approval of the State Controller or others delegated. By: .. STATE OF COLORADO John W. Hlckenlooper, GOVERNOR Department of Personnel and Administration I • • o . ; tive Director ___ Date: '}/~O/Jff Cindy Lombardi, State Purchasing and Contracts Director ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CAS §24-30-202 requires the State Controller to approve all Stale Contracts. This Option Letter is not valtd until signed and dated below by the State Controller or delegate. Contractor is not authorized to begln performance until such tlme. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER , MBA,JD By: Date: _%"'_~_It fa_!_~-----_ Page 1 oCl Rev 06/02/15 STATE COOPERATIVE CONTRACT State of Utah, Division of Purchasing & General Services AMENDMENT#_~! __ to CONTRACT# AR1470 TO BE A IT ACHED TO AND MADE A PART OF the above numbered contract between the State of U1eh, Division of Purchasing & General Services, referred to as STATE, and. Extreme Networks, Inc .. {formerly known as Enterasys Networks. Inc.) , referred to as Contractor. THE PARTIES AGREE TO AMEND THE CONTRACT AS FOLLOWS: _::.::Ju...,n:.::.e_._1.,_,, 2.,..0::.:.1..,_4 ___ ( original starting date of contracl) _.,_,_M.,_,,a:,1..v..:=.l.:.ll....:2:.:::0.:..19"--___ (currcnt ending date) May 31, 2019 new ending date Other changes to the contract include: 1. CONTRACT SERVICES ASSIGNED TO ASSIGNEE (Brief Description): Entcrasys Networks, Inc. ossigns all ofits' riBhts and obligations under State of Utah - State Cooperative Contracts, Contract Number AR1470, lo Extreme Networks, Inc., which includes the ability for Extreme Networks, Inc. to provide Data Communications Equipment and associated OEM Maintenance and Training for the Products included in Contracl Number ARf 470 to Participating Entities. See Attached Consent Letter dated M11y 30, 2014 from Extreme Networks. Inc. Effective Date of Amendment: Julv 11 2014 The Tenns and Conditions still apply to the Contract. All other conditions and tcffllS in the original contract remain the some. IN WlTNESS WHEREOF, the parties sign and cause the amendment to be executed . CONTRACTOR STATE Si a ure A-u.i@tJ A1t-iA-oiA , 1/R fm,e,rol Ct!tMa::-1 t {i,gpwk ~rt1'14v Type or Print Name and Title 0 ~asing & Gen. Svs. 6 /2,/tv Dntl 2. ' Juoe J25" .JD/f._ ,i.10 "~ Date ' ~ STATE OF UTAH -STATE COOPERATIVE CONTRACT CONTRACT NUMBER AR1470 I. CONTRACTING PARTIES; This Slalc Cool)(rativc Contract is between the Division of Purchasing and General Services (State), 3150 State Office Building. PO Box 141061, Solt Lake City, UT 84114-1061, an agency oftbc State of Utah, and the following CONTRACTOR: Entcrasys Networks, Inc. Name 9 Northeastern Blvd. Address Salem NH City Stale 03079 Zip LEGAL STATUS OF CONTRACTOR 0 Sole Proprietor 0 Nun-Profit Corporation ~ 1-·or-Profit Corporation 0 Partnership 0 Government Agency a>ntact Person Michael Swierk Phone #603-9S2-6909 Fax# 603-952-6909 Email mswicrk@cxtrcmcnctworks.com Federal Tax ID# 04-2797263 Vendor #VCOO00l 14009 Commodity Code #204S8, 20464. 20621, 20623, 20659, K3833.83R00,RR332,92000 2. GENERAL PURPOSE OF CONTRACT: The general oumosc of this conlract is to provide: Data communication equipment and services. A detailed list of awarded categories and subcategories ore included in Attachment B -Scope of Work. Entemsys is authorized to provide equipmenr ond services in the following categories: 5.2.2 Networking Software S.2.S Routers S.2.6 Security S.2.8 Switches 5,2.9 wireless 4. PRICING AS PER THE A Tr ACHMENT C PA VMENT TERMS: Net 30 DAYS REQUIRED FOR DELIV£RY: 30 days ARO MJN1MUM ORDER: NIA FREIGHT TERMS: FOB Destination, Frcicht Prepaid 5. ATTACHMENT A: Standard Contract Tcnns and Conditions, Stnte Cooperative Contract ATI ACHMENT B: Scqpc or Work A Tr ACHMENT C: Product Offerings and Pricing ATTACHMENT D: Vendor's Response to Solicitation JP1400I. The parties hereby acknowledge and agree that any e,cceptions stated in attachment "D" -Vendor's Proposal Respon.-.e have been removed and/or resolved between the parties . Any exception in atlachmcnt "O" arc explicitly NOT a part of this contract. Any conflicts between Attachment A and other Attachments will be resolved in favor or Attachment A.. State specJRc Terms and Conditions will be round In the executed ParUclpaUn2 Addendums. State Terms and Conditions in no executed Partkipatln& Addendum wJll take priority In the event or conOlct between those terms and conditions and this Cooperative ContracL 6. DOCUMENTS INCORPORATED INTO THIS CONTRACT BY REFERENCE BUT NOT A TI ACHED: CMS#7J3:!U CORE DOC 10#2016-0149 A. Initial Term-Work Commencement. The Parties' respective performances under this Price Agreement shall commence on the later of either the Effective Dale or September 1, 2014. This Price Agreement shall terminate on August 31, 2016, unless terminated sooner or extended further as specified elsewhere herein. B. Order Terms. Orders shall be placed consistent with the terms of this Price Agreement during the term specified above. Orders must be placed pursuant to this Price Agreement prior to the termination date hereof, but may have a delivery date or performance period up to 120 days past the then-current termination date of this Price Agreement. Notwithstanding the expiration or termination of this Price Agreement, the Contractor agrees to perform In accordance with the terms of any Orders outstanding at the time of such expiration or termination. Price Agreement provisions required to implement and govern Order performance shall survive Price Agreement termination until all outstanding Orders have been completed or terminated in accordance with this Price Agreement C. State's Option to Extend I. The State shall have the option to unnaterally require continued performance of the Contractor for a period of up to four ( 4) renewal years at the same rates and same tem,s specified in the Price Agreement or as amended. If the State exercises its optlon(s), It shall provide written notice to Contractor at least 30 days prior ta the end of the current contract term in a fonn substantially equivalent to Exhibit 1 (Sample Option Letter). If exercised, the provisions of the OpUon Letter shall become part of and be Incorporated Into, this Addendum. The total duration of this Addendum, Including the exercise of any options under this clause, shall not exceed five (5) years, unless authorized in writing by the State Purchasing Director.Continuation of this Price Agreement beyond the initial term is a State option and not a right of the Contractor. The State shall exercise this option only when such continuation is clearly In the best Interest of the State. I[]lf the WSCA-NASPO Master Agreement Is extended beyond the original five (5) year term, the State, upon authorization from the State Purchasing Director may choose to extend co- terminously In a form substantially equivalent to Exhibit 1 (Sample Option Letter) upon approval by Contractor. 4. STATEMENT OF WORK A. Completion. Contractor shall complete the Work and its other obligations as described herein and In accordance with any Order issued by an Ordering Entity. The State shall not be liable to compensate Contractor for any Work performed on an Order placed prior to the Effective Date or after the termination of this Addendum. Further, the State shall not be held liable to compensate Contractor for any Work performed on an Order placed by a non-State Ordering Entity. B. Employees. All persons employed by Contractor or Subsontractar's to perform Work under this Addendum shall be Contractor's or Subcontractor's employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result of this Addendum. C. Pricing and Price Changes. The SPO reserves the right to publish any pricing on the State Price Agreements web location, for use by Ordering Entities. Except to the extent otherwise agreed within a Price Agreement, pricing changes shall be as defined in the WSCA-NASPO Master Agreement I. Contractor shall request any price Increase In writing to the SPO at least 60 days prior to the anticipated Increase, and such request shall justify the Increase by describing verifiable Contractor cost Increases. Such requests shall contain complete documentation, and cost justifications may be based on Producer Price Index, Consumer Price Index, or similar Industry pricing guides. Such price changes must be accepted by the SPO and shall become effective only by amendment of this Addendum. However, Contractor shall make any price decreases immediately applicable to Ordering Entities placing Orders after the date of Contractor's request to change pricing. 9 CONTRACT ROUTIN& SUMMARY Vendor: Extreme Networks Inc Category: Data Communications Contract Transaction: Renewal (Option Letter #1) Documents submitted with Contract Transaction: 1. 2 SPO signed Option Letters 2. CMS Record Screenshot Date: 07/26/2016 3. SOS Confirmation of Good Standing (attached to CMS record) 4. Participating Addendum (attached to original CMS record) 5. Master Agreement (attached to original CMS record) Comments: Both CMS records are linked together. Refer to original CMS# 73320 to obtain all the documents referenced above. Please return executed copies to Greg Draughon State of Colorado Secretary of State Certificate OFFICE OF THE SECRETARY OF STATE OF THE ST A TE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING I, Wayne W. Williams, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, EXTREME NETWORKS, INC. is an entity fonned or registered under the law of Delaware , has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 19991233692 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 11/06/2015 that have been posted, and by documents delivered to this office electronically through 11 /09/2015 @ 10:06:02 . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 11/09/2015 @ 10:06:02 in accordance with applicable law. This certificate is assigned Confinnation Numbe r 9366483 •••••••••••••••••••••••••••••••••••••••••••••EndofCcnificntc•••••••••••••••••••••••••••••••••••••••••••• N"ticc: .-1 c.:rfificatc issued clearrmirnlfr /i-0111 th e Colomdo Set·rr:tar,· o[Slnte '.1 ll'eh .iite is {111/1• 1111d immetliatclr mlid ,111d dkafrc, Howcl'(:r, as a11 optio11. the issmmcc and mlidity of a ,·cn//imtc ob1ai11cd t:lectro11i,·a/(1; 1110,v be established by 1•isiti11g the Validate a Ccrlj/irntc page of the Sca.-tary of State ·s Web sile. htff, ·l li1ww.sos.statl! ,-o .11sl1o i::IC.:rrif1'-a1eSmrd1Cri1crl11 .d1> c111cri11g the certrjkat.: 's w11/irnwtiun numbe r displayed un the ,·cnifimte. a11Jfo/fo11<ing tire i11s1r11t·1io11s displayed. Co11firmi111! tlrt• issuance o( a certifkalc ,s mere/lo m1tirmal ,mt! is 1101 11,:ce.<.iao-to the •'llfid a11d c@ctil.: issua11n· of a cenifirnrc. Fu,· murc i11for11101i011, 1•isit 0111· Web site, Imp ·l/11·1111 .sos.state.u > 11s/ dick "811si111:sse.<, trademarb, trade names · a11d select •·Freq11e111~1• Ask<!d Questions.·• State of Utah Master Agreement Lead Agency STATE COOPERATIVE CONTRACT State of Utah, Division of Purchasing & General Services AMENDMENT#_~! __ to CONTRACT# AR1470 TO BE ATTACHED TO AND MADE A PART OF the above numbered contract between the State of Utah, Division of Purchasing & Genera) Services, referred to as STATE, and, Extreme Networks. Inc .• (formerly known as Enterasys Networks. Inc.) , referred to as Contractor. THE PARTIES AGREE TO AMEND THE CONTRACT AS FOLLOWS: .-J==u=n=e """l."""2=0;.;..14 _______ ( original starting date of contract) -"""M...,a:.i.y_..3~1,._.2,,.,.0c..e.1~9 ___ (current ending date) May 31. 2019 new ending date Other changes to the contract include: 1. CONTRACT SERVICES ASSIGNED TO ASSIGNEE (Brief Description): Enterasys Networks, Inc. assigns all ofits' rights and obligations under State ofUtah - State Cooperative Contracts, Contract Number ARI 470, to Extreme Networks, Inc., which includes the ability for Extreme Networks, Inc. to provide Data Communications Equipment and associated OEM Maintenance and Training for the Products included in Contract Number AR1470 to Participating Entities. See Attached Consent Letter dated May 30, 2014 from Extreme Networks, Inc. Effective Date of Amendment: July 1, 2014 The Tenns and Conditions still apply to the Contract. All other conditions and terms in the original contract remain the same. IN WITNESS WHEREOF, the parties sign and cause the amendment to be executed. CONTRACTOR STATE Si ure AuJ".$:J,J A-14 ~oi A , I(~~/~/ f ~te£m~ Type or Print Name and Title Director, Division of Purchasing & Gen. Svs. 6 /2,/;r,, Datr l I (Revision date 082405) ~ Extreme networks May 30, 2014 State ofUtah Division of Purchasing and General Services State Office Building, Capitol Hill Salt Lake City, UT 84114-1061 Attn: Conll'1lcts Administrator Re: Assignment of DAT A COMMUNICATIONS EQUIPMENT AND ASSOCIATED OEM MAINTENANCE & TRAINING (SWITCHES, ROUTERS, LAN/WAN WIRELESS, CSU/DSU, SECURITY, NETWORKING SOFTWARE, AND TRAINING AND MAINTENANCE FOR ABOVE PRODUCTS) No. 1470 between State of Utah, Division of Purchasing ("State") 11nd Enterasys Networks, lnc. ("Assignor"), dated June 1, 2007 (the "Agreement") Dear Sir or Madam: Pursuant to the corporate acquisition of Enterasys Networks, Inc. and its subsidiaries ("Enterasys'') by Extreme Networks, Inc. on November I, 2013, we hereby request your consent to the assignment of the above-referenced Ag~ment to Extreme Networks, Inc. ("Extreme") (the "Assignment"). Unless we receive rejection of our request to this Assignment by June I 5, 2014, the Assignment will considered effective 11S of July I, 2014, and all rights and obligations of Assignor under the Agreement will become the lights and obligations of Extreme. Extreme hereby acknowledges and agrees that it is bound by all terms and conditions of the Agreement, and all terms and conditions of the Agreement shall remain valid and effective_ Please indicate Company's consent to the Assignment by signing and returning to the address identified below. Your signature below will also indicate that all references to Assignor in the Agreement shall be deemed to n:fer to Extreme by way of Agreement amendment. Extreme will contact you regarding billing and ordering changes in a separate communication. Thank you for your prompt attention to this matter. Please return an executed letter either via .pdf scan to con1roc1s11dmin@cxtremene1works com or courier to Legal Department, Extreme Networks, Inc., 145 Rio Robles, San Jose, CA 95134 USA by June 15, 2014 for ease of order processing Into the future. Yours Truly, Allison Amadla Vice President, General Counsel & Corporate Secretary Extreme Networks, Inc. Corporate Secretary, Enternsys Networks, Inc . STATE OF UTAH-STATE COOPERATIVE CONTRACT CONTRAC'J NUMBER AR1470 1. CONTRACTING PAR TIES: This State Cooperative Contract is between the Division of Purchasing and General Services (State), 3150 State Office Building, PO Box 141061, Salt Lake City, UT 84114-1061, an agency of the State of Utah, and the following CONTRACTOR: Entcrasys Networks, lnc. Name 9 Northeastern Blvd. Address Salem NH City State 03079 Zip LEGAL STATUS OF CONTRACTOR 0 Sole Proprietor 0 Non-Profit Corporation [8J For-Profit Corporation 0 Partnership 0 Government Agency Contact Person Michael Swierk Phone #603-952-6909 Fax# 603-952-6909 Email mswierk@extremenetworlcs.com Federal Tax ID# 04-2797263 Vendor#VC000Ol 14009 Commodity Code #204S8. 20464, 20621. 20623, 20659, 83833,83800,88332,92000 2. GENERAL PURPOSE OF CONTRACT: The 2encral numose of this contract is to orovide: Data communication equipment and services. A detailed list of awarded categories and subcategories are included in Attachment B -Scope of Work. Enterasys is authorized to provide equipment and services in the following categories: 5.2.2 Networking Software S.2.5 Routers S.2.6 Security S.2.8 Switches S.2.9 wireless 3. CONTRACT PERIOD: Effective date: June l, 2014 Termination date: May 31, 2019 unless tenninated early or extended in accordance with the tenns and conditions of this contract. Renewal options (if any): N/ A 4. PRICING AS PER THE ATTACHMENT C PAYMENT TERMS: Net 30 DAYS REQUIRED FOR DELIVERY: 30 days ARO MINIMUM ORDER: N/ A FREIGHT TERMS: FOB Destination, Freight Prepaid S. A IT ACHMENT A: Standard Contract Terms and Conditions, State Cooperative Contract ATTACHMENT B: Scope of Work ATTACHMENT C: Product Offerings nnd Pricing ATTACHMENT D: Vendor's Response to Solicitation JP14001. The parties hereby acknowledge and agree that any exceptions stated in attaclunenl "D" -Vendor's Proposal Response have been removed and/or resolved between the parties. Any exception in attachment "D" are explicitly NOT a part of this contract. Any conflicts between Attachment A and other Attachments will be resolved in favor of Attachment A. State specific Terms and Conditions will be found in the executed Participatin2 Addendums. State Terms and Conditions in an executed Participatini Addendum will take priority in the event of conflict between those terms and conditions and this Cooperative Contract. 6. DOCUMENTS TN CORPORA TED INTO THIS CONTRACT BY REFERENCE BUT NOT A TT ACHED: State of Utah Contract Number AR1470 a. All other governmental laws, regulations, or actions applicable to the goods and/or services authorized by this contract b. Utah State Procurement Code, Procurement Rules, CONTRACTOR'S response to Bid #JP14001 and JP14001-1 dated August 30, 2013 and December 2, 2013. IN WITNESS WHEREOF, the parties sign and cause this contract to be executed. CONTRACTOR STATE OF UTAH April 29, 2014 Date rcclor, Div. of Pun:haaiog & General Svs. Chris Crowell, Chief Operating Officer Type or Print Name and Title Rev 0S/14/12 State of Utah Contract Number: AR14070 ATTACHMENT A-WSCA-NASPO Terms and Conditions WSCA-NASPO Master Agreement Terms and Conditions 1. AGREEMENT ORDER OF PRECEDENCE: The Master Agreement shall consist of the following documents: 1. A Participating Entity's Participating Addendum ("PA"); 2. WSCA-NASPO Master Agreement Terms and Conditions; 3. The Statement of Work; 4. The Solicitation; and 5. Contractor's response to the Solicitation. These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contractor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contractor's response to the Solicitation, or terms listed or referenced on the Contractor's website, in the Contractor quotation/sales order or fn similar documents subsequently provided by the Contractor. 2. AMENDMENTS The terms of this Master Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written approval of the WSCA-NASPO Contract Administrator. 3. ASSIGNMENT/SUBCONTRACT Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this contract, in whole or f n part, without the prior written approval of the WSCA-NASPO Contract Administrator. 4. CANCELLATION Unless otherwise stated in the special terms and conditions, any Master Agreement may be canceled by either party upon 60 days notice, in writing, prior to the effective date of the cancellation. Further, any Participating State may cancel its 1 State of Utah Contract Number: AR14070 participation upon 30 days written notice, unless otherwise limited or stated in the special terms and conditions of this solicitation. Cancellation may be in whole or in part. Any cancellation under this provision shall not effect the rights and obligations attending orders outstanding at the time of cancellation, including any right of and Purchasing Entity to indemnification by the Contractor, rights of payment for goods/services delivered and accepted, and rights attending any warranty or default in performance in association with any order. Cancellation of the Master Agreement due to Contractor default may be immediate. 5. CONFIDENTIALITY. NON-DISCLOSURE ANO INJUNCTIVE RELIEF 5.1 Confldentlaltty. Contractor acknowledges that it and its employees or agents may, in the course of providing the Product under this Master Agreement, be exposed to or acquire information that is confidential to Participating Entity or Participating Entity's clients. Any and all information of any farm that is marked as confidential or would by its nature be deemed confidential obtained by Contractor or its employees or agents in the performance of this Master Agreement, including, but not necessarily limited to (a) any Participating Entity records, (b) personnel records, and (c) information concerning individuals, is confidential i nformatfon of Participating Entity (04Confidential Information"). Any reports or other documents or items (including software) that result from the use of the Confidential Information by Contractor shall be treated in the same manner as the Confidential Information. Confidential Information does not include information that (a) is or becomes (other than by disclosure by Contractor) publicly known; (b) is furnished by Participating Entity to others without restrictions similar to those imposed by this Master Agreement; (c) is rightfully in Contractor's possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; (d) is obtained from a source other than Participating Entity without the obligation of confidentiality, (e) is disclosed with the written consent of Participating Entity or; (f) is independently developed by employees, agents or subcontractors of Contractor who can be shown to have had no access to the Confidential Information. 5.2 Non-Disclosure. Contractor shall hold Confidential Information fn confidence, using at least the industry standard of confidentiality, and not to copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third p~rties or use Confidential Information for any purposes whatsoever other than the performance of this Master Agreement to Participating Entity hereunder, and to advise each of its employees and agents of their obligations to keep Confidential Information confidential. Contractor shall use commercially reasonable efforts to assist Participating Entity in Identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing, Contractor shall advise Participating Entity immediately ff Contractor learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Master Agreement and Contractor shall at its expense cooperate with Participating Entity in seeking injunctive or other equitable relief in the name of Participating Entity or Contractor against any such person. Except as directed by Participating Entity, Contractor will not at any time 2 State of Utah Contract Number: AR14070 during or after the term of this Master Agreement disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement or at Participating Entity's request, Contractor shall turn over to Participating Entity all documents, papers, and other matter in Contractor's possession that embody Confidential Information. Notwithstanding the foregoing, Contractor may keep one copy of such Confidential Information necessary for quality assurance, audits and evidence of the performance of this Master Agreement. 5.3 Injunctive Relief. Contractor acknowledges that breach of this Section, including disclosure of any Confidential Information, will cause irreparable injury to Participating Entity that is inadequately compensable in damages. Accordingly, Participating Entity may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. Contractor acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of Participating Entity and are reasonable in scope and content. 6. DEBARMENT The contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract) by any governmental department or agency. If the contractor cannot certify this statement, attach a written explanation for review by WSCA-NASPO. 7. DEFAULTS & REMEDIES a. The occurrence of any of the following events shall be an event of default under this Master Agreement: i. Nonperformance of contractual requirements; or ii. A material breach of any term or condition of this Master Agreement; or m. Any representation or warranty by Contractor in response to the solicitation or in this Master Agreement proves to be untrue or materially misleading; or iv. Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within thirty (30) calendar days after the institution or occurrence thereof; or v. Any default specified in another section of this Master Agreement. b. Upon the occurrence of an event of default, Lead State shall issue a written notice of default, identifying the nature of the default, and providf ng a period of 15 calendar days in which Contractor shall have an opportunity to cure the default. The Lead State shall not be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole or in part if the Lead State, in its sole discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. Time allowed for cure shall not diminish or eliminate Contractor's liability for damages, including liquidated damages to the extent provided for under this Master Agreement. c. If Contractor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contractor shall be in breach of its 3 State of Utah Contract Number: AR14070 obligations under this Master Agreement and Lead State shall have the right to exercise any or all of the following remedies: i. Exercise any remedy provided by law; and if. Terminate this Master Agreement and any related Contracts or portions thereof; and iii. Impose liquidated damages as provided in this Master Agreement; and iv. Suspend Contractor from receiving future bid solicitations; and v. Suspend Contractor's performance; and vi. Withhold payment until the default fs remedied. d. In the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and have all of the rights and remedies under this paragraph regarding its participation in the Master Agreement, in addition to those set forth in its Participating Addendum. 8. DELIVERY Unless otherwise indicated fn the Master Agreement, the prices are the delivered price to any Participating State agency or political subdivision. All deliveries shall be F.O.B. destination with all transportation and handling charges paid by the contractor. Responsibility and liability for loss or damage shall remain the Contractor until final inspection and acceptance when responsibility shall pass to the Buyer except as to latent defects, fraud and Contractor's warranty obligations. The minimum shipment amount will be found in the special terms and conditions. Any order for less than the specified amount is to be shipped with the freight prepaid and added as a separate item on the invoice. Any portion of an order to be shipped without transportation charges that is back ordered shall be shipped without charge. 9. FORCE MAJEURE Neither party to this Master Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. WSCA·NASPO may terminate this Master Agreement after determinf ng such delay or default will reasonably prevent successful performance of the Master Agreement. 10.GOVERNING LAW This procurement and the resulting agreement shall be governed by and construed in accordance with the laws of the state sponsoring and administering the procurement. The construction and effect of any Participating Addendum or order against the Master Agreement(s) shall be governed by and construed In accordance with the laws of the Participating Entity's State. Venue for any claim, dispute or action concerning an order placed against the Master Agreement(s) or the effect of an Participating Addendum shall be in the Purchasing Entity's State. 11. INDEMNIFICATION The Contractor shall defend, indemnify and hold harmless WSCA- NASPO, the Lead State and Participating Entities along with their officers, agencies, and employees as well as any person or entity for which they may be liable from and against claims, damages or causes of action including reasonable attorneys' fees and related costs for any death, injury, or damage to property arising from act(s), error(s), or omission(s) of the Contractor, its employees or subcontractors or volunteers, at any tier, relating to the 4 State of Utah Contract Number: AR14070 performance under the Master Agreement. This section is not subject to any limitations of liability in this Master Agreement or in any other document executed in conjunction with this Master Agreement 12. INDEMNIFICATION -INTELLECTUAL PROPERTY The Contractor shall defend, indemnify and hold harmless WSCA·NASPO, the Lead State and Participating Entities along with their officers, agencies, and employees as well as any person or entity for which they may be liable ("Indemnified Party") from and against claims, damages or causes of action including reasonable attorneys' fees and related costs arising out of the claim that the Product or its use, infringes Intellectual Property rights (1ntellectual Property Claim"). The Contractor's obligations under this section shall not extend to any combination of the Product with any other product, system or method, unless: (1) the Product, system or method is: (a) provided by the Contractor or the Contractor's subsidiaries or affilfates; (b) specified by the Contractor to work with the Product; or (c) reasonably required, in order to use the Product in its intended manner, and the infringement could not have been avoided by substituting another reasonably available product, system or method capable of performing the same function; or (2) it would be reasonably expected to use the Product in combination with such product, system or method. The Indemnified Party shall notify the Contractor within a reasonable time after receiving notice of an Intellectual Property Claim. Even if the Indemnified Party fails to provide reasonable notice, the Contractor shall not be relieved from its obligations unless the Contractor can demonstrate that it was prejudiced in defending the Intellectual Property Claim resulting in increased expenses or loss to the Contractor. If the Contractor promptly and reasonably investigates and defends any Intellectual Property Claim, ft shall have control over the defense and settlement of ft. However, the Indemnified Party must consent in writing for any money damages or obligations for which it may be responsible. The Indemnified Party shall furnish, at the Contractor's reasonable request and expense, information and assistance necessary for such defense. If the Contractor fails to vigorously pursue the defense or settlement of the Intellectual Property Claim, the Indemnified Party may assume the defense or settlement of it and the Contractor shall be liable for all costs and expenses, including reasonable attorneys' fees and related costs, incurred by the Indemnified Party in the pursuit of the Intellectual Property Claim. This section is not subject to any limitations of liability in this Master Agreement or in any other document executed in conjunction with this Master Agreement. 13. INDEPENDENT CONTRACTOR The contractor shall be an independent contractor, and as such shall have no authorization, express or implied to bind WSCA-NASPO or the respective states to any agreements, settlements, liability or understanding whatsoever, and agrees not s State of Utah Contract Number: AR14070 to perform any acts as agent for WSCA-NASPO or the states, except as expressly set forth herein. 14. INDIVIDUAL CUSTOMER Except to the extent modified by a Participating Addendum, each Participating Entity shall follow the terms and conditions of the Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement, including but not limited to, any indemnity or to recover any costs allowed in the Master Agreement and applicable Participating Addendum for their purchases. Each Participating Entity will be responsible for its own charges, fees, and UabiUties. The Contractor will apply the charges and invoice each Participating Entity individually. 15. INSURANCE Contractor shall, during the term of this Master Agreement, maintain in full force and effect, the insurance described in this section. Contractor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business In the Participating Entity's state and having a rating of A-, Class VII or better, in the most recently published edition of Best's Reports. Failure to buy and maintain the required insurance may result in this Master Agreement's termination or at a Participating Entity's option, result in termination of its Participating Addendum. Coverage shall be written on an occurrence basis. The minimum acceptable limits shall be as Indicated below, with no deductible for each of the following categories: a) Commercial General Liability covering the risks of bodily injury (including death), property damage and personal injury, including coverage for contractual liability, with a limit of not less than $1 million per occurrence/$2 million general aggregate; b) Contractor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements. Contractor shall pay premiums on all insurance policies. Such policies shall also reference this Master Agreement. Contractor must provide notice of revocation of any policy immediately upon receiving such notice from insurer. Prior to commencement of the work, Contractor shall provide to the Participating Entity a written endorsement to the Contractor's general liability insurance policy that (i) names the Participating Entity as an additional insured, (ii) provides that no material alteration, cancellation, non-renewal, or expiration of the coverage contained in such policy shall have effect unless the named Participating Entity has been given at least thirty (30) days prior written notice, and (iii) provides that the Contractor's liability insurance policy shall be primary, with any liability insurance of the Participating Entity as secondary and noncontributory. Contractor shall furnish to Participating Entity copies of certificates of all required insurance within thirty (30) calendar days of the Participating Addendum's effective date and prior to performing any work. Copies of renewal certificates of all required insurance shall be furnished within thirty (30) days after renewal date. These certificates of insurance must 6 State of Utah Contract Number: AR14070 expressly indicate compliance with each and every insurance requirement specified in this section. Failure to provide evidence of coverage may, at State's sole option, result in this Master Agreement's termination. Coverage and limits shall not limit Contractor's liability and obligations under this Master Agreement. 16. LAWS AND REGULATIONS Any and all supplies, services and equipment offered and furnished shall comply fully with all applicable Federal and State laws and regulations. 17. LICENSE OF PRE-EXISTING INTELLECTUAL PROPERTY Contractor grants to the Participating Entity a nonexclusive, perpetual, royalty-free, irrevocable, unlimited license to publish, translate, reproduce, modify, deliver, perform, display, and dispose of the Intellectual Property, and its derivatives, used or delivered under this Master Agreement, but not created under it ("Pre-existing Intellectual Property"). The license shall be subject to any third party rights fn the Pre-existing Intellectual Property. Contractor shall obtain, at its own expense, on behalf of the Participating Entity, written consent of the owner for the licensed Pre-existing Intellectual Property. 18. NO WAIVER OF SOVEREIGN IMMUNITY In no event shall this Master Agreement, any Participating Addendum or any contract or any purchase order issued thereunder, or any act of a Lead State or a Participating Entity, be a waiver by the Participating Entity of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. If a claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for the Participating State. This section applies to a claim brought against the Participating State only to the extent Congress has appropriately abrogated the Participating State's sovereign immunity and is not consent by the Participating State to be sued in federal court. This section is also not a waiver by the Participating State of any form of immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States. 19. ORDER NUMBERS Master Agreement order and purchase order numbers shall be clearly shown on all acknowledgments, shipping labels, packing slips, invoices, and on all correspondence. 20. PARTICIPANTS WSCA-NASPO is the cooperative purchasing arm of the National Association of State Procurement Officials. It is a cooperative group contracting consortium for state government departments, institutions, agencies and political subdivisions (e.g., colleges, school districts, counties, cities, etc.,) for all 50 states, the District of Columbia and 7 State of Utah Contract Number: AR14070 the organized US territories. Obligations under this Master Agreement are limited to those Participating States who have signed a Participating Addendum where contemplated by the solicitation. Financial obligations of Participating States are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating States incur no financial obligations on behalf of political subdivisions. Unless otherwise specified In the solicitation, the resulting award(s) will be permissive. 21. ENTITY PARTICIPATION Use of specific WSCA-NASPO cooperative Master Agreements by state agencies, political subdivisions and other entities (Including cooperatives) authorized by individual state's statutes to use state contracts are subject to the approval of the respective State Chief Procurement Official. Issues of Interpretation and eligibility for participation are solely within the authority of the respective State Chief Procurement Official. 22.PAYMENT Payment for completion of a contract order is normally made within 30 days following the date the entire order fs delivered or the date a correct invoice is received, whichever Is later. After 45 days the Contractor may assess overdue account charges up to a maximum rate of one percent per month on the outstanding balance. Payments wfll be remitted by mail. Payments may be made via a State or political subdivision "Purchasing Card" with no additional charge. 23. PUBLIC INFORMATION This Master Agreement and all related documents are subject to disclosure pursuant to the Participating Entity's public information laws. 24. RECORDS ADMINISTRATION AND AUDIT The contractor will maintain, or supervise the maintenance of all records necessary to properly account for the payments made to the contractor for costs authorized by this Master Agreement. These records will be retained by the contractor for at least four years after the Master Agreement terminates, or until all audits initiated within the four years have been completed, whichever is later. The contractor agrees to allow WSCA-NASPO, State and Federal auditors, and state agency staff access to all the records of this Master Agreement and any order placed under this Master Agreement, for audit and inspection, and monitoring of services. Such access will be during normal business hours, or by appointment. 25.REPORTS and ADMINISTRATIVE FEES The contractor shall submit quarterly reports to the WSCA-NASPO Contract Administrator showing the quantities and dollar volume of purchases by each participating entity. The contractor must pay a WSCA-NASPO administrative fee of one quarter of one percent (.25%) in accordance with the terms and conditions of the Master Agreement. The WSCA- NASPO administrative fee shall be submitted quarterly and is based on sales of products and services. The WSCA-NASPO admtntstration fee is not negotiable. This fee fs to be included as part of the pricing submitted with proposal. 8 State of Utah Contract Number: AR14070 Additionally, some States may require that an addf tional fee be paid df rectly to the State on purchases made by procuring entities within that State. For all such requests, the fee level, payment method and schedule for such reports and payments will be incorporated in a Participating Addendum that is made a part of the Master Agreement. The contractor may adjust the Master Agreement pricing accordingly for purchases made by procuring agencies within the jurisdiction of the State. All such agreements may not affect the WSCA-NASPO administrative fee or the prices paid by the procuring agencies outside the jurisdiction of the State requesting the additional fee. 26. STANDARD OF PERFORMANCE AND ACCEPTANCE The Standard of Performance applies to all Product(s) purchased under this Master Agreement, including any additional, replacement, or substitute Product(s) and any Product(s) which are modified by or with the written approval of Contractor after Acceptance by the Participating Entity. The Acceptance Testing period shall be thirty (30) calendar days or other time period identified in the solicitation or the Participating Addendum, starting from the day after the Product is installed and Contractor certifies that the Product is ready for Acceptance Testing. If the Product does not meet the Standard of Performance during the initial period of Acceptance Testing, Participating Entity may, at its discretion, continue Acceptance Testing on a day-to-day basis until the Standard of Performance is met. Upon rejection, the Contractor will have fifteen (15) calendar days to cure the Standard of Performance issue(s). If after the cure period, the Product still has not met the Standard of Performance Participating Entity may, at its option: (1) declare Contractor to be in breach and terminate the Order; (2) demand replacement Product from Contractor at no additional cost to Participating Entity; or, (3) continue the cure period for an additional time period agreed upon by the Participating Entity and the Contractor. Contractor shall pay all costs related to the preparation and shipping of Product returned pursuant to the section. No Product shall be accepted and no charges shall be paid until the Standard of Performance is met. The warranty period wtll begin upon Acceptance. 27. SYSTEM FAILURE OR DAMAGE In the event of system failure or damage caused by the Contractor or its Product, the Contractor agrees to use Its best efforts to restore or assist in restoring the system to operational capacity. 28. TITLE OF PRODUCT Upon Acceptance by the Participating Entity, Contractor shall convey to Participating Entity title to the Product free and clear of all liens, encumbrances, or other security Interests.Transfer of title to the Product shall include an irrevocable and perpetual license to use the Embedded Software in the Product. If Participating Entity subsequently transfers title of the Product to another entity, Participating Entity shall have the right to transfer the license to use the Embedded Software with the transfer of Product title. A subsequent transfer of this software license shall be at no additional cost or charge to either Participating Entity or Participating Entity's transferee. 29. WAIVER OF BREACH Failure of Lead State or Participating Entity to declare a default or enforce any rights and remedies shall not operate as a waiver under this Master Agreement or 9 State of Utah Contract Number: AR14070 Participating Addendum. Any waiver by the Lead State or Participating Entity must be in writing. Waiver by the Lead State or Participating Entity of any default, right or remedy under this Master Agreement or Participating Addendum, or breach of any terms or requf rements shall not be construed or operate as a waiver of any subsequent default or breach of such term or requirement, or of any other term or requirement under this Master Agreement or Participating Addendum. 30. WARRANTY The Contractor warrants for a period of one year from the date of Acceptance that: (a) the Product performs according to all specific claims that the Contractor made in its response to the solicitation, (b) the Product is suitable for the ordinary purposes for which such Product is used, (c) the Product Is suitable for any special purposes identifi ed in the solicitation or for which the Participating Entity has relied on the Contractor's skill or judgment, (d) the Product is designed and manufactured in a commercially reasonable manner, and (e) the Product is free of defects. Upon breach of the warranty, the Contractor will repair or replace (at no charge to the Participating Entity) the Product whose nonconformance is discovered and made known to the Contractor. If the repaired and/or replaced Product proves to be inadequate, or fails of its essential purpose, the Contractor will refund the full amount of any payments that have been made. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity, including, without limitation, actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable attorneys• fees and costs. 31. ASSIGNMENT OF ANTITRUST RIGHTS Contractor irrevocably assigns to a Participating Entity any claim for relfef or cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. § 1-15 or a Participating Entity's state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided to the Contractor for the purpose of carrying out the Contractor's obligations under this Master Agreement or Particf pati ng Addendum, including, at a Participating Entity's opti on, the right to control any such litigation on such claim for relief or cause of action. Contractor shall require any subcontractors hired to perform any of Contractor's obligations, under this Master Agreement or Participating Addendum, to irrevocably assign to a Participating Entity, as third party beneficiary, any right, title or interest that has accrued or which may accrue in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. § 1-15 or a Participating Entity's state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided to the subcontractor for the purpose of carrying out the subcontractor's obligations to the Contractor in pursuance of this Master Agreement or Participating Addendum, including, at a Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action. 32. WSCA-NASPO eMARKET CENTER Awarded responders are required to participate in the 10 State of Utah Contract Number: AR14070 WSCA-NASPO eMarket Center and, working through WSCA-NASPO's contractor (SciQ.uest), connect with the eMarket Center. The ideal situation would be to use either a hosted (by SciQ.uest) or Punchout Level 2 catalog configurations, but actual requirements will be determined by the Lead State Contract Administrator, WSCA-NASPO, WSCA-NASPO's contractor (SciQuest) and the awarded contractor, after award. Participation does not require an awarded responder to have any special level of technology or technological understanding. Definitions Acceptance -means a written notice from a purchasing entity to contractor advising Contractor that the Product has passed its Acceptance Testing. Acceptance of a product for which acceptance testing is not required shall occur following the completion of delivery, installation, if required, and a reasonable time for inspection of the product, unless the Purchasing Entity provides a written notice of rejection to contractor. Acceptance Testing -means the process for ascertaining that the Product meets the standards set forth in the section titled Standard of Performance and Acceptance , prior to Acceptance by the Purchasing Entity. Contractor -means the person or entity delivering Products or performing services under the terms and conditions set forth in this Master Agreement. Intellectual Property -means any and all patents, copyrights, service marks, trademarks, trade secrets, trade names, patentable inventions, or other similar proprietary rights, in tangible or intangible form, and all rights, title, and interest therein. Lead State -means the State conducting this cooperative solicitation and centrally administering any resulting Master Agreement with the permission of the Signatory States. Master Agreement -means the underlying agreement executed by and between the Lead State, as WSCA-NASPO contract administrator, acting on behalf of WSCA-NASPO, and the Contractor, as now or hereafter amended. Order -means any purchase order, sales order, or other document used by a Parti cipating Entity to order the Products. Participating Addendum -means a bilateral agreement executed by a Contractor and a Participating Entity incorporating thfs Master Agreement and any other additional Participating Entity specific language or other requirements ,e.g. ordering procedures specific to the Participating Entity, other terms and conditions . Parttdpating Entity -means a state, or other legal entity, properly authorized by a state to enter into the Master Agreement or Participating Addendum or who is authorized to order under the Master Agreement or Participating Addendum. 11 State of Utah Contract Number: AR14070 Product -Any equipment, software (including embedded software), documentation, or deliverable supplied or created by the Contractor pursuant to this Master Agreement. WSCA-NASPO -is a cooperative group contracting consortium for state procurement officials, representing departments, institutions, agencies, and political subdivisions (i.e., colleges, school districts, counties, cities, etc.) for all states and the District of Columbia. WSCA- NASPO is a cooperative purchasing arm of the National Association of State Procurement Officials (NASPO). Additional Definitions and Alternative Terms for Consideration Below are additional definitions and alternative terms for consideration by the sourcing teams depending upon the nature of the solicitation and negotiations between the Contractor and Vendor. Embedded Software -means one or more software applications which permanently reside on a computing device. Machine Code -means microcode, basic input/output system code, utility programs, device drivers, diagnostics, and another code delivered with a computing device for the purpose of enabling the function of the computing device, as stated in Its published specifications. (revised March 2013) 12 State of Utah Contract Number: AR1470 1 ATTACHMENT B -Scope of Work The following categories are authorized under this contract: 5.2.2 NETWORKING SOFTWARE -Software that runs on a server and enables the server to manage data, users, groups, sea.irlty, applications, and other networking functions. The network operating system Is designed to allow shared file and printer access among multiple computers In a network, typically a local area network (LAN), a private network or to other networks. Networking software capabilities should Include: Restartable Process High availability options Targeted operating systems, I.e. DC, campus, core, wan, etc. Operating System Efficiencies 5.2.2.1 Network Management and Automation -Software products and solutions for data center automation, cloud computing, and IT systems management. 5.2.2.2 Data Center Management and Automation -Software products and solutions that capture and automate manual tasks across servers, network, applications, and vlrtualized infrastructure. 5.2.2.3 Cloud Portal and Automation -Software products and solutions for cloud management with policy-based controls for provisioning virtual and physical resources. 5.2.2.4 Branch Office Management and Automation -Software products and solutions for management of branch offices. Capabilities include remote troubleshooting, device management, WNJ performance monitoring. 5.2.5 ROUTERS -A device that forwards data packets along networks. A router is connected to at least two networks, commonly two LANs or WANs or a LAN and its ISP's network. Routers are located at gateways, the places where two or more networks connect, and are the critical device that keeps data flowing between networks and keep the networks connected to the Internet. 5.2.5.1 Branch Routers -A multiservice router typically used in branch offices or locations with limited numbers of users and supports flexible configurations/feature. For example: security, VoIP, wan acceleration, etc. 5.2.5.2 Network Edge Routers -A specialized router residing at the edge or boundary of a network. This router ensures the connectivity of its network with external networks, a wide area network or the Internet. An edge router uses an External Border Gateway Protocol, which Is used extensively over the Internet to provide connectivity with remote networks. 5.2.5.3 Core Routers -High performance, high speed, low latency routers that enable Enterprises to deliver a suite of data, voice, and video services to enable next- generation applications such as IPlV and Video on Demand (VoD), and Software as a Service (SaaS). 5.2.5.4 Service Aggregation Routers -Provides multiservice adaptation, aggregation and routing for Ethernet and IP/MPLS networks to enable service providers and enterprise edge networks simultaneously host resource-intensive Integrated data, voice and video business and consumer services. State of Utah Contract Number: AR1470 2 5.2.S.S Carrier Ethemat Routers -High performance routers that enable service providers to deliver a suite of data, voice, and video services to enable next• generation applications such as IPTV, Video on Demand (VoD), and Software as a Service (SaaS). 5.2.6 SECURITY 5.2.6.1 Data Canter and Virtuallzatlon Security Products and Appliances -Products designed to protect high-value data and data center resources with threat defense and policy control. 5.2.6.2 Intrusion Detection/Protection and Firewall Appliances -Provide comprehensive lnline network firewall security from worms, Trojans, spyware, key loggers, and other malware. This includes Next-Generation Firewalls (NGFW), which offer a wire-speed Integrated network platform that performs deep inspection of traffic and blocking of attacks. Intrusion Detection/Protection and Firewall Appliances should provide: Non-disruptive In-line bump-in-the-wire configuration Standard first-generation firewall capabilities, e.g., network-address translation (NATI, stateful protocol inspection (SPI) and virtual private networking (VPN), etc. Application awareness, full stack visibility and granular control Capability to incorporate information from outside the firewall, e.g., directory-based policy, blacklists, white lists, etc. Upgrade path to Include future Information feeds and security threats SSL decryption to enable Identifying undesirable encrypted applications (Optional) 5.2.6.3 logging Appliances and Analysis Tools -Solutions utilized to collect, classify, analyze, and securely store log messages. 5.2.6.4 Secure Edge and Branch Integrated Security Products -Network security, VPN, and intrusion prevention for branches and the network edge. Products typically consist of appliances or routers. 5.2.6.5 Secure Moblllty Products -Delivers secure, scalable access to corporate applications across multiple mobile devices. 5.2.6.6 Encryption Appliances -A network security device that applies crypto services at the network transfer layer -above the data link level, but below the application level. 5.2.6.7 On-premise and Cloud-based sarvlces for Web and/or Email Security- Solutions that provide threat protection, data loss prevention, message level encryption, acceptable use and application control capabilities to secure web and email communications. 5.2.6.8 Secure Access -Products that provide secure access to the network for any device, lncludlng personally owned mobile devices (laptops, tablets, and smart phones). Capabilities should lndude: Management vlslblllty for device access Self-service on-boarding Centralized policy enforcement Differentiated access and services Device Management 5.2.8 SWITCHES -Layer 2/3 devices that are used to connect segments of a LAN (local area network) or multiple LANs and to filter and forward packets among them. State of utah Contract Number: ARl.470 3 5.2.8.1 Campus LAN -Access Switches -Provides Initial connectivity for devices to the network and controls user and workgroup access to internetwork resources. The following are some of the features a campus LAN access switch should support: Security i. SSHv2 (Secure Shell Version 2) II. 802.1 X (Port Based Network Access Control) Ill. Port Security iv. OHCP (Dynamic Host Configuration Protocol) Snooping VLANs Fast Ethemet/Gigabit Ethernet PoE (Power over Ethernet) link aggregation 1 o Gb support Port mirroring Span Taps Support of IPv6 and IPv4 Standards-based rapid spanning tree Netflow Support (Optional). 5.2.8.2 Campus LAN -Cora Switches -Campus core switches are generally used for the campus backbone and are responsible for transporting large amounts of traffic both reliably and quickly. Core switches should provide: High bandwidth Low latency Hot swappable power supplies and fans • Security SSHv2 MacSec encryption Role-Based Access Control Lists (ACL) Support off Pv6 and IPv4 1/10/40/100 Gbps support IGP (Interior Gateway Protocol) routing EGP (Exterior Gateway Protocol) routing VPLS (Virtual Private LAN Service) Support VRRP (Virtual Router Redundancy Protocol) Support Netflow Support. 5.2.8.3 Campus Distribution Switches -Collect the data from all the access layer switches and forward it to the core layer switches. Traffic that Is generated at Layer 2 on a switched network needs to be managed, or segmented Into Virtual Local Area Networks (VLANs), Distribution layer switches provides the inter- VLAN routing functions so that one VLAN can communicate with another on the network. Distribution layer switches provides advanced security policies that can be applied to network traffic using Access Control Lists (ACLs). High bandwidth State of Utah Contract Number: AR1470 4 Low latency Hot swappable power supplies and fans Security (SSHv2 and/or 802.1X) Support of 1Pv6 and 1Pv4 Jumbo Frames Support Dynamic Trunking Protocol (DTP) Per-VLAN Rapid Spanning Tree (PVRST +) Switch-port auto recovery NetFlow Support or equivalent 5.2.8.4 Data Center Switches -Data center switches, or Layer 2/3 switches, switch all packets In the data center by switching or routing good ones to their final destinations, and discard unwanted traffic using Access Control Lists (ACLs), all at Glgabit and 10 Glgablt speeds. High avallablllty and modularity differentiates a typical Layer 2/3 switch from a data center switch. Capabilities should Include: High bandwidth Low latency Hot swappable power supplies and fans Ultra-low latency through wire-speed ports with nanosecond port-to-port latency and hardware-based Inter-Switch Link (ISL) trunking Load Balancing across Trunk group able to use packet based load balancing scheme Bridging of Fibre Channel SANs and Ethemet fabrics Jumbo Frame Support Plug and Play Fabric formation that allows a new switch that joins the fabric to automatically become a member Ability to remotely disable and enable individual ports Support NetFlow or equivalent 5.2.8.5 Software Defined Networks (SDN) -Virtuallzed Swffches and Routers - Technology utilized to support software manipulation of hardware for specific use cases. 5.2.8.6 Software Defined Networks (SON) -Controllers -Is an application in software- defined networking (SON) that manages flow control to enable Intelligent networking. SON controllers are based on protocols, such as OpenFlow, that allow servers to tell switches where to send packets. The SON controller lies between network devices at one end and applications at the other end. Any communications between applications and devices have to go through the controller. The controller uses multiple routing protocols Including OpenFlow to configure network devices and choose the optimal network path for application traffic. 5.2.8.7 carrier Aggregation Switches -Carrier aggregation switches route traffic in addition to bridging (transmitted) Layer 2/Ethemet traffic. Carrier aggregation switches' major characteristics are: Designed for Metro Ethernet networks Designed for video and other high bandwidth applications Supports a variety of interface types, especially those commonly used by Service Providers Capabilities should include: State of Utah Contract Number: AR1470 5 Redundant Processors Redundant Power IPv4 and IPv6 unicast and multicast High bandwidth Low latency Hot swappable power supplies and fans MPLS (Multiprotocol Label Switching) BGP (Border Gateway Protocol) Software router virtualization and/or multiple routing tables Polley based routing • Layer 2 functionality Per VI.AN Spanning Tree Rapid Spanning Tree VLAN IDs up to 4096 Layer 2 Class of Service (IEEE 802.1 p) Link Aggregation Control Protocol (LACP) QlnQ (IEEE 802.1 ad) 5.2.8.8 Carrier Ethernet Access Switches -A carrier Ethernet access switch can connect directly to the customer or be utilized as a network Interface on the service side to provide layer 2 services. Hot-swappable and field-replaceable Integrated power supply and fan tray AC or DC power supply with DC Input ranging from 18V to 32 voe and 36V to 72 VDC Ethernet and console port for manageability SD flash card slot for additional external storage Stratum 3 network dock Line-rate performance with a minimum of 62-mllllon packets per second (MPPS) forwarding rate Support for dying gasp on loss of power Support for a variety of small form factor pluggable transceiver (SFP and SFP+) with support for Device Object Model (DOM) Timing services for a converged access network to support mobile solutions, induding Radio Access Network (RAN) applications Support for Synchronous Ethernet (SyncE) services Supports Hierarchical Quality of Service (H-QoS) to provide granular traffic-shaping policies Supports Resilient Ethernet Protocol REP/G.8032 for rapid layer-two convergence 5.2.9 WIRELESS -Provides connectivity to wireless devices within a limited geographic area. System capabilities should include: 5.2 .9.1 Redundancy and automatic fallover IPv6 compatibility NTPSupport Access Points -A wireless Access Point (AP) Is a device that allows wireless State of Utah Contract Number: AR1470 6 devices to connect to a wired network using \/\Ii-Fi, or related standards. Capabilities should include: 5.2.9.2 802.11a/b/g/n 802.11n 802.11ac Capable of controller discovery method via DHCP (onsite controller or offsite through Cloud Architecture) UL2043 plenum rated for safe mounting In a variety of indoor environments Support AES-CCMP (128-bit) Provides real-time wireless Intrusion monitoring and detection Outdoor Wireless Access Points -Outdoor APs are rugged, with a metal cover and a DIN rail or other type of mount. During operations they can tolerate a wide temperature range, high humidity and exposure to water, dust, and oil . Capabilities should Include: Flexible Deployment Options Provides real-time wireless intrusion monitoring and detec:tion Capable of controller discovery method via DHCP (onalte controller or offsite through Cloud Architecture) 5.2.9.3 Wireless LAN Controllers -An onslte or offsite solution utilized to manage light- weight access points In large quantities by the network administrator or network operations center. The WLAN controller automatically handles the configuration of wireless access-points. Capabilities should include: Ability to monitor and mitigate RF interference/self-heal Support seamless roaming from AP to AP without requiring re-authentication Support configurable access control lists to filter traffic and denying wireless peer to peer traffic System encrypts all management layer traffic and passes it through a secure tunnel Policy management of users and devices provides ability to de-authorize or deny devices without denying the credentials of the user, nor disrupting other AP traffic Support configurable access control lists to filter traffic and denying wireless peer to peer traffic 5.2.9.4 Wireless LAN Network Services and Management -Enables network administrators to quickly plan, configure and deploy a wireless network, as well as provide additional VVI.AN services. Some examples lndude wireless security, asset tracking, and location services. Capabilities should Include: Provide for redundancy and automatic fallover Historical trend and real time performance reporting Is supported Management access to wireless network components is secured SNMPY3 enabled RFC 1213 compliant Automatically discover wireless network components Capability to alert for outages and utilization threshold exceptions Capability to support Apple's Bonjour Protocol / mDNS QoS I Application Identification capability 5.2.9.5 Cloud-based services for Access Points -Cloud-based management of campus-wide WiFI deployments and distributed multi-site networks. Capabilities State of Utah Contract Number: AR1470 7 Include: Zero-touch access point provisioning Network-wide visibility and control RF optimization, Firmware updates 5.2.9.6 Bring Your Own Device (BYOD) -Mobile Data Management (MOM) technology utilized to allow employees to bring personally owned mobile devices (laptops, tablets, and smart phones) to their workplace, and use those devices to access privileged government Information and applications In a secure manner. Capabilities should include: Ability to apply corporate policy to new devices accessing the network resources, whether wired or wireless Provide user and devices authentication to the network Provide secure remote access capability Support 802.1x Network optimization for performance, scalability, and user experience 5.3.1 SERVICES -For each Category above (5.21-5.30), the following services should be available for procurement as well at the time of product purchase or anytime afterwards. 5.3.1.1 Maintenance Services -Capability to provide technical support, flexible hardware coverage, and smart, proactive device diagnostics for hardware. 5.3.1.2 Professional Services Deployment SElfVlces 5.3.1.3 Survey/ Design Services -Includes, but not limited to, discovery, design, architecture review/validation, and readiness assessment. Implementation Services -Includes, but not limited to, basic Installation and configuration or end-to-end Integration and deployment. Optimization -Includes, but not limited to, assessing operational environment readiness, identify ways to Increase efficiencies throughout the network, and optimize Customer's infrastructure, appllcatlons and service management. Remote Management Services -Includes, but not limited to, continuous monitoring, Incident management, problem management, change management, and utillzation and performance reporting that may be on a subscription basis. Consulting/Advisory Services -Includes, but not limited to, assessing the availability, reliability, security and performance of Customer's existing solutions. Data Communications Architectural Design Services -Developing architectural strategies and roadmaps for transforming Customer's existing network architecture and operations management. Statement of Work (SOW) Services -Customer-speclflc tasks to be accomplished and/or services to be delivered based on Customer's business and technical requirements. Partner Services -Provided by Contractor's Authorized Partners/Resellers. Subject to Contractor's approval and the certifications held by its Partners/Resellers, many Partners/Resellers can also offer and provide some or all of the Services as listed above at competitive pricing, along with local presence and support. As the prime, Contractor Is still ultimately responsible for the performance of Its Partners/ State of Utah Contract Number: AR1470 8 Resellers. Customers can have the option to purchase the SeNices to be directly delivered by Contrador (OEM) or Ha certified Partners/Resellers. 5.3.1.4 Training -Leaming offerings for IT professionals on networking technologies, Including but not limited to designing, implementing, operating, configuring, and troubleshooting network systems pertaining to items provided under the master agreement. STATE OF UTAH CONTRACTNUMBER-AR1470 Attachment C -Pricing Solicitation Number JP14001 WSCA-NASPO Data Communications RFP Vendor Name: Enterasys Networks, Inc. RFP Product Categories: Minimum Discount Percentage: 5.2.2 NETWORKING SOFTWARE Discount% _38_ 5.2.5 ROUTERS Discount % _38_ 5.2.6 SECURITY Discount % _38_ 5.2.8 SWITCHES Discount % _38_ 5.2.9 WIRELESS Discount % _38_ Current Enterasys Networks, Inc. pricing sheets, approved by the State of Utah, can be found at the followlng web link: VENDOR PRICING SHEETS CLICK HERE IMPORTANT: The minimum discount percentage Usted In this attachment Is for general Informational purposes only and may not apply to every llne Item authorized under this contract. For specific Item pricing, please refer to the contact price 11st webllnk provided In this document. Vendors are required to post state specific pricing on their hosted website or through the WSCA-NASPO eMarket center as required by sollcltation JP14001, In addition to the vendor pricing sheets approved and hosted by the State of Utah's master contract summary sheet The State of Utah vendor pricing sheets will serve as the approved base price and do not Include any applicable state specific administrative fees. State specific pricing, hosted on the vendor website or WSCA-NASPO eMarketcenter may reflect authorized state specific administrative fees . No other fees are authorized under this contract. Pricing audits may be conducted at any time by the State of Utah, WSCA-NASPO, or 3111party audit provider to ensure accurate pricing. Per Solicitation JP14001, the following pricing/product requirements and Instructions apply: 1 .11 Pricing Structure Pricing Structure : Pricing for the State of Utah WSCA-NASPO Master Agreements shall be based on 1 the Percent Discount off the current global MSRP Schedule applicable to United States customers. 1.12 Price Guarantee Period Price Guarantee Period: The Data CommunlcaUon Provider's Discount rate shall remain In effect for the term of the W SCA-NASPO Master Prlce Agreement. 1.13 Price Escalation Equipment, Supplles and Services: Data Communications provider may update the pricing on their MSRP price list one time every year after the first year of the original contract term. The WSCA-NASPO Contract Administrator will review a documented request for a Price Schedule price list adjustment only after the Price Guarantee Period. 1.14 Price Reductions In the event of a price decrease in any category of product at any time during the contract In a Provider's Price Schedule, Including renewal options, the WSCA-NASPO Contract Administrator shall be notified immediately. Ali Price Schedule price reductions shall be effective upon the notification provided to the WSCA-NASPO Master Agreement Administrator. 1.20 WSCA Administrative Fee The Contracted Suppller must pay a WSCA-NASPO administrative fee of one quarter of one percent (.25%) in accordance with the terms and conditions of the contract. The WSCA•NASPO administrative fee shall be submitted quarterly and is based on the actual sales of all products and services In conjunction with your quarterly reports. The WSCA-NASPO administrative fee must be Included when determining the pricing offered. The WSCA-NASPO administrative fee is not negotiable and shall not be added as a separate line Item on an invoice. Additionally, some WSCA-NASPO participating entitles may require that an administrative fee be paid directly to the WSCA-NASPO participating entity on purchases made by purchasing entitles within that State. For all such requests, the fee percentage, payment method and payment schedule for the participating entity's administrative fee will be incorporated in the Participating Addendum. Data Communications Provider will be held harmless, and may adjust (increase) the WSCA-NASPO Master Agreement pricing by the fee percentage for that participating entity accordingly for purchases made by purchasing entitles within the jurisdiction of the State. All such agreements may not affect the WSCANASPO fee or the prices paid by the purchasing entities outside the jurisdiction of the participating entitles requesting the additional fee. 5.3.2 ADDING PRODUCTS The ablllty to add new equipment and services Is for the convenience and benefit ofWSCA-NASPO, the Participating States, and all the Authorized Purchasers. The Intent of this process Is to promote "one-stop shopping" and convenience for the customers and equally Important, to make the contract flexible In keeping up with rapid technological advances. The option to add new product or service categories and/Items will expedite the delivery and Implementation of new technology solutions for the benefit of the Authorized Purchasers. After the contracts are awarded, addltlonal IT product categories and/or Items~ be added per the request of the Contractor, a Participating State, an Authorlzed Purchaser or WSCA-NASPO. Addit ions may be ad hoc and temporary In nature or permanent. All additions to an awarded Contractor or Manufacturer's offerings must be products, services, software, or solutions that are commercially available at the time they are added to the contract award and fall within the original scope and Intent of the RFP (I.e., converged technologies, value adds to manufacturer's solution offerings, etc.). 5.3.2.1 New Product from Contractors -If Contractor, a Participating State, an Authorized Purchaser or WSCA-NASPO itself requests to add new product categories permanently, then all awarded Contractors (Manufacturers) will be notified of the proposed change and will have the opportunity to work 2 with WSCA to determine appllcabllity, introduction, etc. Any new products or services must be reviewed and approved by the State of Utah WSCA-NASPO Contract Administrator. 5.3.2.2 Ad Hoc Product Additions -A request for an ad hoc, temporary addition of a product category/item must be submitted to WSCA-NASPO via the govemmental entity's contracting/purchasing officer. Ad hoc, temporary requests wlll be handled on a case-by-case basis. The State of Utah WSCA- NASPO Contract Administrator must also be notified and will review and approve the addition before the purchase Is finalized by the end user. The State of Utah WSCA-NASPO Contract Administrator has the final approval on any Ad Hoc product additions. &.3.2.3 Prlcellst Updates -As part of each Contractor's ongoing updates to Its pricellsts throughout the contract term, Contractor can add new SKUs to Its awarded product categories that may have been developed In-house or obtained through mergers, acquisitions or Joint ventures; provided, however, that such new SKUs fall within the Contractor's awarded product categories . Updated price lists will be reviewed and approved by the State of Utah WSCA-NASPO Contract Administrator before the revised price list is considered valid.