KANSA S

ADDENDUM

March 17, 2008

Addendum Number: 20

Contract Number: 01588

PR Number: 2498

Procurement Officer: Lee HarmonTelephone: 785-296-3029E-Mail Address: [email protected]

Item: Storage Area Networks, Provide and Install

Agency: All Agencies of the State of Kansas

Period of Contract: June 30, 2004 through March 31, 2008 (See below)

Contractor: Xiotech Corporation6455 Flying Cloud DriveEden Prairie, MN 55344-3305Telephone: 952-983-3000Fax: 952-983-3001FEIN: 41-1821093Contact Person: Erin Moore, Account ExecutiveTelephone: 913-693-7201Fax: 913-693-8001E-Mail: [email protected]

Alternate Contact/Administrative Contact:Mary ReussXiotech Corporation6455 Flying Cloud DriveEden Prairie, MN 55344-3305Telephone: 952-983-2435Fax: 952-983-6950E-mail: [email protected]

Conditions:

The contract is extended through June 30, 2008.

mailto:[email protected]



ADDENDUM

December 13, 2007

Addendum Number: 19


PR Number: 2498

Procurement Officer: Lee Harmon (Formerly Angela Hoobler)Telephone: 785-296-3029E-Mail Address: [email protected]



Period of Contract: June 30, 2004 through December 31, 2007 (See below)



Conditions:

The contact information for the Procurement Officer responsible for this contract has been updated above.

The contract is extended through March 31, 2008.




ADDENDUM

August 28, 2007

Addendum Number: 18


PR Number: 2498

Procurement Officer: Angela HooblerTelephone: 785-296-3123E-Mail Address: [email protected]



Period of Contract: June 30, 2004 through August 31, 2007 (See below)



Conditions:

The contract is extended through December 31, 2007.




ADDENDUM

May 10, 2007

Addendum Number: 17


PR Number: 2498




Period of Contract: June 30, 2004 through May 31, 2007 (See below)



Conditions:

The contract is extended through August 31, 2007.




ADDENDUM

January 31, 2007

Addendum Number: 16


PR Number: 2498




Period of Contract: June 30, 2004 through January 31, 2007 (See below)



Conditions:

The contract is extended through May 31, 2007.




ADDENDUMOctober 27, 2006

Addendum Number: 15


PR Number: 2498




Period of Contract: June 30, 2004 through October 31, 2006 (See below)



Pricing: See Attached

Conditions:

1. The contract is extended through January 31, 2007.2. See attached revised Price List, which now also includes Copan products.3. The Alternate Contact has been changed as noted above

There are no other changes at this time.

CHRIS HOWE, DIRECTORDEPARTMENT OF ADMINISTRATION

DIVISION OF PURCHASESLANDON STATE OFFICE BUILDING, 900 SW JACKSON ST., RM 102N, TOPEKA, KS 66612-1286

Voice 785-296-2376 Fax 785-296-7240 http://www.da.ks.gov/purch

KATHLEEN SEBELIUS, GOVERNORDUANE A. GOOSSEN, SECRETARY

CAROL L. FOREMAN, DEPUTY SECRETARY

K A N S A S




ADDENDUM

June 16, 2006

Addendum Number: 14


PR Number: 2498




Period of Contract: June 30, 2004 through June 30, 2006 (See below)


Alternate Contact/Administrative Contact:Larry ReynoldsXiotech Corporation3 Bethesda Metro Center, Suite 700Bethesda, MD 20814Telephone: 410-535-9267Fax: 410-535-4549E-mail: [email protected]

Pricing: http://www.xiotech.com/Kansas

Conditions:

The contract is extended through October 31, 2006.




Voice 785-296-2376 Fax 785-296-7240 http://da.state.ks.us/purch



K A N S A S

http://www.xiotech.com/Kansas




ADDENDUM

January 13, 2006

Addendum Number: 13


PR Number: 2498




Period of Contract: June 30, 2004 through June 30, 2006


Alternate Contact/Administrative Contact:Mary Reuss Larry Reynolds6255 Flying Cloud Drive 3 Bethesda Metro Center, Suite 700Eden Prairie, MN 55344-3305 Bethesda, MD 20814Telephone: 952-983-2655 410-535-9267Fax: 952-983-2527 410-535-4549

Conditions:

The URL for Kansas pricing is http://www.xiotech.com/Kansas.

New alternate contract information is noted above.







K A N S A S

http://www.xiotech.com/Kansas



ADDENDUM

November 7, 2005

Addendum Number: 12


PR Number: 2498




Period of Contract: June 30, 2004 through October 31, 2005

Contractor: Xiotech Corporation6455 Flying Cloud DriveEden Prairie, MN 55344-3305Telephone: 952-983-3000Fax: 952-983-3001FEIN: 411821093Contact Person: Erin Moore, Account ExecutiveTelephone: 913-693-7201Fax: 913-693-8001E-Mail: [email protected]

Alternate Contact/Administrative Contact:Mary Reuss6255 Flying Cloud DriveEden Prairie, MN 55344-3305Telephone: 952-983-2655Fax: 952-983-2527

Conditions:

The period of contract is being extended to June 30, 2006.







K A N S A S



ADDENDUM

June 14, 2005

Addendum Number: 11


PR Number: 2498





Contractor: Xiotech Corporation6455 Flying Cloud DriveEden Prairie, MN 55344-3305Telephone: 952-983-3000Fax: 952-983-3001FEIN: 411821093Contact Person: Erin Moore, Account ExecutiveTelephone: 913-693-7201Fax: 913-693-8001E-Mail: [email protected]


Conditions:

The period of contract is being extended to October 31, 2005.







K A N S A S



K A N S A SKATHLEEN SEBELIUS, GOVERNOR

D. KEITH MEYERS, DIRECTOR ______________________ HOWARD R. FRICKE, SECRETARY

DEPARTMENT OF ADMINISTRATIONDIVISION OF PURCHASES

LANDON STATE OFFICE BUILDING, 900 SW JACKSON ST., RM 102N, TOPEKA, KS 66612-1286Voice 785-296-2376 Fax 785-296-7240 http://da.state.ks.us/purch

CONTRACT RENEWAL

Date of Renewal: June 15, 2004


PR Number: 2498

Procurement Officer: Angela HooblerTelephone: 785-296-3123E-Mail Address: [email protected] Address: http://da.state.ks.us/purch

Item: Storage Area Networks, Provide and Install(formerly known as Provide and Install Storage Area Networks)



Contractor: XIOtech Corporation6455 Flying Cloud DriveEden Prairie, MN 55344-3305Telephone: 952-983-3000Fax: 952-983-3001FEIN: 411821093Contact Person: Erin Moore, Account ExecutiveTelephone: 913-693-7201Fax: 913-693-8001E-Mail: [email protected]

Alternate Contact/Administrative Contact: Mary Reuss6255 Flying Cloud DriveEden Prairie, MN 55344-3305Telephone: 952-983-2433Fax: 952-983-2527

Prices: As per original contract dated June 30, 2000 and any addenda thereafter issued.

Delivery: F.O.B. Destination Prepaid and Allowed (Included in the contract price). Except for cabinets (base mag, expansion cabinet, rack mount cabinets, etc). Where the freight charge is specifically listed on the price list available within the XIOtech web pages.

Political Subdivisions: Pricing is available to the political subdivisions of the State of Kansas.

Procurement Cards: Agencies may use State of Kansas Business Procurement Card for purchases from this contract.


Contract Renewal Number 01588Page 2

Administrative Fee: No Administrative Fee will be assessed against purchases from this contract.

Contract Renewal Number 01588Page 3

Conditions:

This renewal is made in accordance with the "Renewal Clause" contained in the original contract dated June 30, 2000 and any addenda issued thereafter. Approval of this renewal has been expressed by the contractor and the Director of Purchases for the State of Kansas.

All terms, prices and conditions of the original contract as amended shall remain in effect.

State Credit Card: Presently, the State is implementing a program for agencies to use a State of Kansas Business Procurement Card (Visa) to pay for some of it's purchases. At this time, the use of the card is limited to a few agencies and a selected group of commodities. No additional charges will be allowed for using the card.

Political Subdivisions: Political Subdivisions (City, County, School Districts and etc.) are permitted to utilize contracts administered by the Division of Purchases. Conditions included in this contract shall be the same for political subdivisions. The State has no responsibility for payments owed by political subdivisions. The vendor must deal directly with the political subdivision.

Quarterly Reports: The vendor is required to submit quarterly, to the Division of Purchases, all acquisitions made by the state from this contract. This report should include as a minimum the agency name, quantity, description, and amount.

Contract Price: Statewide contracts are awarded by the Division of Purchases to take advantage of volume discount pricing for goods and services that have a recurring demand from one or more agencies. However, if a state agency locates a vendor that can provide the identical item at a lower price, a waiver to "buy off state contract" may be granted by the Division of Purchases.


D. KEITH MEYERS, DIRECTOR ______________________ HOWARD R. FRICKE, SECRETARY



ADDENDUM

March 16, 2004

Addendum Number: 10


PR Number: 2498


Item: Provide and Install Storage Area Networks



Contractor: XIOtech Corporation6455 Flying Cloud DriveEden Prairie, MN 55344-3305Telephone: 952-983-3000Fax: 952-983-3001FEIN: 41-1821093Contact Person: Erin Moore, Account ExecutiveTelephone: 913-693-7201Fax: 913-693-8001E-Mail: [email protected]


Conditions:

Pricing under this contract is available at the following website.

http://www.xiotech.com/display_content.jsp?siteObjectID=48976


http://www.xiotech.com/display_content.jsp?siteObjectID=48976




STUART LEIGHTY, DIRECTOR ______________________ HOWARD R. FRICKE, SECRETARY



CONTRACT RENEWAL

Date of Renewal: June 5, 2003


PR Number: 2498

Procurement Officer: John Carey BrownTelephone: 785-296-3123E-Mail Address: [email protected]



Period Of Contract: June 30, 2003 through June 29, 2004(With the option to renew for one (1) additional one (1) year period)

Contractor: XIOtech Corporation6455 Flying Cloud DriveEden Prairie, MN 55344-3305Telephone: 952-983-3000Fax: 952-983-3001Contact Person: Erin Moore, Account ExecutiveTelephone: 913-693-7201Fax: 913-693-8001E-Mail: [email protected]

Alternate Contact/Administrative Contact: Mary Reuss6255 Flying Cloud DriveEden Priaire, MN 55344-3305Telephone: 952-983-2433Fax: 952-983-2527

Prices: As per original contract dated June 30, 2000and any addenda thereafter issued.

Delivery: F.O.B. Destination Prepaid and Allowed (Included in the contract price). Except for cabinets (base mag, expansion cabinet, rack mount cabinets, etc). Where the freight charge is specifically listed on the price list available within the XIOtech web pages.

Pricing is available to the political subdivisions of the State of Kansas.Agencies may use State of Kansas Business Procurement Card for purchases from this contract.No Administrative Fee will be assessed against purchases from this contract.


Contract Number 01588Page 2

Conditions:



BILL GRAVESGovernor

JOYCE H. GLASSCOCKSecretary of Administration

JOHN T. HOULIHANDirector of Purchases900 S.W. Jackson, Room 102-NLandon State Office BuildingTopeka, KS 66612-1286(785) 296-2376FAX (785) 296-7240http://da.state.ks.us/purch

ADDENDUM

October 31, 2002

Addendum Number: 9


PR Number: 2498



Period Of Contract: June 30, 2002 through June 29, 2003(With the option to renew for two (2) additional one (1) year periods)

Contractor: XIOtech Corporation6455 Flying Cloud DriveEden Prairie, MN 55344-3305Telephone: 952-983-3000Fax: 952-983-3001Main Sales Contact: Erin Moore, Account ExecutiveTelephone: 913-693-7201Fax: 913-693-8001E-Mail: [email protected]


Conditions: See Main Sales Contact Person and telephone and fax number changes.

DEPARTMENT OF ADMINISTRATIONDivision of Purchases


BILL GRAVESGovernor



ADDENDUM

September 30, 2002

Addendum Number: 8


PR Number: 2498




Contractor: XIOtech Corporation6455 Flying Cloud DriveEden Prairie, MN 55344-3305Telephone: 952-983-3000Fax: 952-983-3001FEIN: 41-1821093Contact Person: Stephen KurlandTelephone: 314-721-2226Fax: 314-721-9026E-Mail: [email protected]

Main Sales Contact: Alex Feyder7500 College Blvd., Ste. 570Overland Park, KS 66210Telephone: 913-693-7202Fax: 913-693-8001


Delivery: FOB Destination Prepaid and Add (added on the invoice to the contract price) Except for cabinets (base mag, expansion cabinet, rack mount cabinets, etc). Where the freight charge is specifically listed on the price list available within the XIOtech web pages.

Conditions:



Addendum No. 8 toContract Number 01588Page 2See additions to Contact Persons and telephone numbers and also changes in the Delivery. Fax orders to Mary Reuss at Corporate at 952-983-2527.

BILL GRAVESGovernor



CONTRACT RENEWAL

Date of Renewal: May 6, 2002


PR Number: 2498

Procurement Officer: David W. MetzenthinTelephone: 785-296-3123E-Mail Address: [email protected]




Contractor: XIOtech Corporation6455 Flying Cloud DriveEden Prairie, MN 55344-3305Telephone: 952-983-3000Fax: 952-983-3001Contact Person: Stephen KurlandTelephone: 314-721-2226Fax: 314-721-9026E-Mail: [email protected]


Delivery: F.O.B. Destination Prepaid and Allowed (Included in the contract price)

Pricing is not available to the political subdivisions of the State of Kansas.

Agencies may not use State of Kansas Business Procurement Card for purchases from this contract.

No Administrative Fee will be assessed against purchases from this contract.

Conditions:





BILL GRAVESGovernor



ADDENDUM

May 6, 2002

Addendum Number: 7


PR Number: 2498




Contractor: XIOtech Corporation6455 Flying Cloud DriveEden Prairie, MN 55344-3305Telephone: 952-983-3000Fax: 952-983-3001Contact Person: Stephen KurlandTelephone: 314-721-2226Fax: 314-721-9026E-Mail: [email protected]

Delivery: FOB Destination Prepaid and Add(added on the invoice to the contract price)

Conditions:

See change in Contact Person and telephone number.



BILL GRAVESGovernor

JOYCE H. GLASSCOCKActing Secretary of Administration


ADDENDUM

January 31, 2002

Addendum Number: 6


PR Number: 2498



Period Of Contract: June 30, 2001 through June 29, 2002(With the option to renew for three (3) additional one (1) year periods)

Contractor: XIOtech Corporation6455 Flying Cloud DriveEden Prairie, MN 55344-3305Telephone: 952-983-3000Fax: 952-983-3001Contact Person: Mark ShipmanTelephone: 660-584-2006E-Mail: [email protected]


Conditions:

See change in Contact Person and telephone number.



BILL GRAVESGovernor



ADDENDUM

November 1, 2001

Addendum Number: 5


PR Number: 2498




Contractor: XIOtech Corporation6455 Flying Cloud DriveEden Prairie, MN 55344-3305Telephone: 952-983-3000Fax: 952-983-3001Contact Person: Martin CooperTelephone: 816-229-0206Fax: 816-229-0405E-Mail: [email protected]


Conditions:

See URL http://gov.xiotech.com/State/KS/ for current Schedule of Prices.


http://gov.xiotech.com/State/KS/


BILL GRAVESGovernor



ADDENDUM

October 30, 2001

Addendum Number: 4


PR Number: 2498






Conditions:

Replace existing pricing with Schedule of Prices dated 10/15/01.



Addendum No. 4 toContract Number 01588Page 2

Price List for State of Kansas, Contract Number 01588 dated 10/15/01

System Part Number List Price State of Kansas XPERTcare PlusBase MAGNITUDE 110V with 4 active ports 800090-000 $30,000 $19,800 $2,880Base MAGNITUDE 110V with 8 active ports 800090-XXX $43,650 $28,809 $4,190MAGNITUDE Expansion Cabinet 110V 800085-000 $25,000 $16,500 $2,400Rack Mount MAGNITUDE Base Unit 110V 800154-000 $30,000 $19,800 $2,880Rack Mount MAGNITUDE Expansion 110V 800171-000 $25,000 $16,500 $2,400

Connectivity Part Number List Price State of Kansas XPERTcare Plus20m Optical Fibre Cable 750004-005 $195 Call for Pricing $355m Optical Fibre Cable 750004-006 $125 Call for Pricing $23AIX Multi-Threaded Software Module 280002-000 $0 $0 $0Brocade 2040 8-Port Entry Fabric Switch 770026-000 $7,995 Call for Pricing $1,499Brocade 2040 to 2050 Full Fabric Upgrade Software 770027-000 $3,210 Call for Pricing $602Brocade 2040/2050 Quickloop Software 770028-000 $1,250 Call for Pricing $234Brocade 2240 16-Port Switch 770038-000 $17,995 Call for Pricing $3,374Brocade 2400 8-Port Switch 770012-000 $15,495 Call for Pricing $2,905Brocade 2800 16-Port Switch 770013-000 $26,495 Call for Pricing $4,968Brocade Fabric Watch Software 770031-000 $1,800 Call for Pricing $338Brocade Rack-Mount Kit 770016-000 $195 Call for Pricing $35Emulex LP8000 770001-000 $3,195 Call for Pricing $575Extended Fabrics Support SW for 10KM+ 770024-000 $4,995 Call for Pricing $899Extended GBIC (30KM) 1.25Gb/s 1310nm SM 5v 770019-000 $1,295 Call for Pricing $233Extended GBIC (80KM) 1.25Gb/s 1550nm SM 5/3.3v 770020-000 $3,795 Call for Pricing $683Fibre Channel Optical Link Extender (120KM) 770021-000 $35,300 Call for Pricing $6,354Gadzoox 3000 3U Chassis 770010-000 $4,995 Call for Pricing $1,799Gadzoox 3130 8-Port Blade 770011-000 $2,250 Call for Pricing $773Gadzoox Rack-Mount kit 770017-000 $195 Call for Pricing $35JNI FC64-1063-N Server HBA (Sparc Solaris -Sbus) 770008-000 $3,595 Call for Pricing $647JNI FCE 6410 Fibre Channel Adapter 770009-000 $1,295 Call for Pricing $233MAGNITUDE Fibre Channel Host Adapter Board 830030-000 $2,595 $1,526 $249MAGNITUDE XP Host Adapter Board 830016-MAG $1,495 $985 $144Optical Long-Wave GBIC (10KM) 1.25Gb/s 1310nm SM 5v

770018-000 $895 Call for Pricing $161

QLogic 2200 33 MHz Server HBA (NetWare 5.0, Linux, NT 4.0, NetWare 4x, Win2000, Solaris X86, Solaris Sparc)

880012-000 $1,295 Call for Pricing $233


Connectivity Part Number List Price State of Kansas XPERTcare PlusQLogic 2200 66 MHz Server HBA (NetWare 5.0, Linux, NT 4.0, NetWare 4x, Win2000, Solaris X86, Solaris Sparc)

880014-000 $1,550 Call for Pricing $279

QLogic 2202 66 MHz Dual Port FC Adapter 880013-000 $2,427 Call for Pricing $437QMS HBA High Availability Software per server license 800175-000 $495 Call for Pricing $89Server XP Host Adapter Board (NT/NetWare only) 830016-SVR $1,495 $985 $144Short Wave Optical GBIC 770003-000 $395 Call for Pricing $71

Drives Part Number List Price State of Kansas XPERTcare Plus18 GB 15,000RPM Drive 800055-000 $1,350 $887 $0180 GB 7,200RPM Drive 800148-000 $8,995 $5,929 $036 GB 10,000RPM Drive 800039-000 $2,295 $1,507 $036 GB 15,000RPM Drive 800167-000 $2,625 $1,734 $073 GB 10,000RPM Drive 800046-000 $4,595 $3,012 $0

Software Part Number List Price State of Kansas XPERTcare PlusAdditional 4-port FC Switch Activation 210005-000 $24,000 $15,840 $4,608REDI Access Software 800042-000 $37,800 $24,948 $7,258REDI Access Software – 15 Server License Restriction 800042-150 $30,240 $19,959 $7,258REDI Access Software – 7 Server License Restriction 800042-700 $18,900 $12,474 $7,258REDI Control MAGNITUDE Software (1 license per MAGNITUDE)

210009-000 $667 $440 $128

REDI Control Manager Software - NT Application 210006-000 $6,667 $4,400 $1,280

REDI Control Scheduler Software 210017-000 $3,333 $2,200 $640REDI Control Software Suite 800047-000 $8,667 $5,720 $1,664REDI Copy Software 210004-000 $24,000 $15,840 $4,608REDI Copy Software - 15 Server License Restriction 210004-150 $19,200 $12,672 $4,608REDI Copy Software - 7 Server License Restriction 210004-700 $12,000 $7,920 $4,608REDI Path Software (REDI Zone Required) 210008-000 $4,000 $2,640 $768REDI Path Software (REDI Zone Required) - 15 Server License Restriction

210008-150 $3,200 $2,112 $768

REDI Path Software (REDI Zone Required) - 7 Server License Restriction

210008-700 $2,000 $1,320 $768

REDI SAN Links 210019-000 $20,000 $13,200 $3,840REDI SAN Links - 15 Server License Restriction 210019-150 $16,000 $10,560 $3,840REDI SAN Links - 7 Server License Restriction 210019-700 $10,000 $6,600 $3,840


Software Part Number List Price State of Kansas XPERTcare PlusREDI SAN Links Replicator 210020-000 $40,000 $26,400 $7,680REDI SAN Links Replicator - 15 Server License Restriction

210020-150 $32,000 $21,120 $7,680

REDI SAN Links Replicator - 7 Server License Restriction

210020-700 $20,000 $13,200 $7,680

REDI SAN Links Replicator Suite 800057-000 $120,000 $79,200 $23,040REDI SAN Links Replicator Suite - 15 Server License Restriction

800057-150 $96,000 $63,360 $23,040

REDI SAN Links Replicator Suite - 7 Server License Restriction

800057-700 $60,000 $39,600 $23,040

REDI SAN Links Replicator Suite 7.5 REDI Family Upgrade

800057-00F $103,000 $67,716 $23,040

REDI SAN Links Replicator Suite 7.5 REDI Family Upgrade - 15 Server License Restriction

800057-15F $87,500 $57,559 $23,040


800057-70F $51,500 $33,858 $23,040

REDI SAN Links Replicator Suite 7.5 REDI Suite 7.5 Update

800057-00S $17,000 $11,187 $23,040

REDI SAN Links Replicator Suite 7.5 REDI Suite 7.5 Update - 15 Server License Restriction

800057-15S $14,000 $8,950 $23,040


800057-70S $8,500 $5,594 $23,040

REDI Software Suite 7.5 800056-000 $105,000 $69,300 $20,160REDI Software Suite 7.5 - 15 Server License Restriction

800056-150 $84,000 $55,440 $20,160

REDI Software Suite 7.5 - 7 Server License Restriction 800056-700 $52,500 $34,650 $20,160REDI Software Suite 7.5 REDI Family Upgrade 800043-00F $88,000 $57,816 $20,160REDI Software Suite 7.5 REDI Family Upgrade - 15 Server License Restriction

800043-15F $74,500 $49,144 $20,160


Software Part Number List Price State of Kansas XPERTcare PlusREDI Software Suite 7.5 REDI Family Upgrade - 7 Server License Restriction

800043-70F $44,000 $28,908 $20,160

REDI Storage Manager 210021-000 $20,000 $13,200 $3,840REDI Storage Manager – 15 Server License Restriction

210021-150 $16,000 $10,560 $3,840

REDI Storage Manager – 7 Server License Restriction 210021-700 $10,000 $6,600 $3,840REDI Volume Director Software - 15 Server License Restriction (REDI Zone Required)

210007-150 $20,000 $13,200 $4,800

REDI Volume Director Software - 7 Server License Restriction (REDI Zone Required)

210007-700 $12,500 $8,250 $4,800

REDI Volume Director Software (REDI Zone Required) 210007-000 $25,000 $16,500 $4,800REDI Zone Software 210003-000 $14,000 $9,240 $2,688REDI Zone Software - 15 Server License Restriction 210003-150 $11,200 $7,392 $2,688REDI Zone Software - 7 Server License Restriction 210003-700 $7,000 $4,620 $2,688

Shipping and Installation Part Number List Price State of Kansas XPERTcare PlusActive Watch Installation 010007-000 $2,000 $2,000Addional Server(s) HBA installations (up to 4) 010003-000 $500 $500Hourly Professional Services 010005-000 $225 $225QMS HBA High Availability Software Installation per server

010006-000 $2,000 $2,000

Rack Mount Retrofit Installation 010008-000 $1,000 $1,000Standard Hub/Switch Installation (each) 010004-000 $1,250 $1,250Standard Shipping 020004-000 $1,000 $1,000Standard System Installation (up to 8 servers) 010001-000 $4,495 $4,495Up to 8 hours On-site Professional Integration Sevices (plus expenses)

020002-000 $2,000 $2,000

Spares Pricing Part Number List Price State of Kansas XPERTcare PlusFan – processor 800028-000 $45 $45Power supply 800038-000 $2,675 $2,675Processor Tray Assembly 880009-000 $11,500 $8,250Rack AMCO 19" 42U Buyout for Drop Shipment 770035-000 $2,500 $1,650Rack Mount Retrofit Kit 800169-000 $1,000 $1,000Rear blower 800006-000 $300 $300Stabilization Brackets for MAGNITUDE 800160-000 $150 $150

BILL GRAVESGovernor

DAN STANLEYSecretary of Administration


ADDENDUM

August 14, 2001

Addendum Number: 3


PR Number: 2498






Conditions:

See Delivery Information (see above), and Pricing is available to the political subdivisions of the State of Kansas, and Agencies may use State of Kansas Business Procurement Card for purchases from this contract.



BILL GRAVESGovernor



ADDENDUM

August 14, 2001

Addendum Number: 3


PR Number: 2498






Conditions:

See Delivery Information (see above), and Pricing is available to the political subdivisions of the State of Kansas, and Agencies may use State of Kansas Business Procurement Card for purchases from this contract.



BILL GRAVESGovernor



CONTRACT RENEWAL

Date of Renewal: July 13, 2001


PR Number: 2498

Procurement Officer: David W. MetzenthinTelephone: 785-296-3123E-Mail Address: [email protected] Address: http://da.state.ks.us/purch






Pricing is not available to the political subdivisions of the State of Kansas.Agencies may not use State of Kansas Business Procurement Card for purchases from this contract.

Conditions:






BILL GRAVESGovernor



ADDENDUM

February 26, 2001

Addendum Number: 2


PR Number: 2498



Period Of Contract: June 30, 2000 through June 29, 2001(With the option to renew for Four (4) additional one (1) year periods)


Conditions:

Change Mailing Address (see above).



BILL GRAVESGovernor



ADDENDUM

September 20, 2000

Addendum Number: 1


PR Number: 2498




Contractor: XIOtech Corporation6509 Flying Cloud, Ste. 200Eden Prairie, MN 55344-3394Telephone: 952-828-5980Fax: 952-828-5990Contact Person: Shannon Mahaffey Martin CooperTelephone: 636-537-9114 816-229-0206Fax: 636-537-2986 816-229-0405E-Mail: [email protected] [email protected]

Prices: See Attached

Payment Terms: Net 30

Delivery: F.O.B. Destination Prepaid and Add (added on the invoice to the contract price)

Pricing is available to the political subdivisions of the State of Kansas.


Conditions:

1. This contract has been re-issued as a Statewide Contract.

2. Replace original KDOT specific pricing with revised statewide Schedule of Prices dated October 1, 2000.






July 2000 Special Government Pricing (33% off of List) Discount does not include Shipping or InstalltionSystem Part Number List Price % Discount Description

Base MAGNITUDE with 4 active ports 800090-000 $30,000 33% Base cabinet, 32 drive bays, MAGNITUDE Fibre storage switch – four active ports,high-performance Intelligent RAID storage Processor, N+1 hot-replaceable power supplies, fans, and blowers

Base MAGNITUDE with 8 active ports 800090-XXX $43,650 33% Base cabinet, 32 drive bays, MAGNITUDE Fibre storage switch – eight active ports,high-performance Intelligent RAID storage Processor, N+1 hot-replaceable power supplies, fans, and blowers

MAGNITUDE European 220 800091-000 $64,167 33% MAGNITUDE Centralized Storage Subsystem, Base cabinet, 32 drive bays, MAGNITUDE Fibre storage switch, MAGNITUDE high-performance Intelligent RAID Processor, MAGNITUDE Management console with Easy Configure RAID Management, N+1 hot-replaceable power supplies, fans, and blowers

MAGNITUDE European 220 Expansion Cabinet

800086-000 $25,000 33% MAGNITUDE expansion cabinet, 32 drive bays, integrated UPS, N+1 hot-replaceable power supplies, fans, and blowers

MAGNITUDE Expansion Cabinet 800085-000 $25,000 33% MAGNITUDE expansion cabinet, 32 drive bays, integrated UPS, N+1 hot-replaceable power supplies, fans, and blowers

Connectivity Part Number List Price % Discount Description20m Optical Fibre Cable 750004-005 $195 33% Multimode, 62 Micron glass Fibre Cable

5m Optical Fibre Cable 750004-006 $125 33% 5m Optical Fibre Cable

Antares P-0034 Server PCI HBA (Sparc Solaris - Boot-Capable)

770015-000 $1,995 33% Antares P-0034 Server PCI HBA (Sparc Solaris - Boot-Capable)

Brocade 2400 8-Port Switch 800048-000 $21,395 Call for Discount Brocade 2400 8-Port Switch all GBICs, dual P/S and software – Quick Loop, web tools, zoning and SES

Brocade 2800 16-Port Switch 800049-000 $35,895 Call for Discount Brocade 2800 16-Port Switch all GBICs, dual P/S and software – Quick Loop, web tools, zoning and SES

Brocade Rack-Mount Kit 770016-000 $195 Call for Discount Brocade Rack-Mount KitGadzoox 3000 3U Chassis 770010-000 $9,995 Call for Discount Gadzoox 3000 3U Chassis dual PS, basic software and 3 open

blade slots (PIMs)Gadzoox 3130 8-Port Blade 770011-000 $4,295 Call for Discount Gadzoox 3130 8-Port Blade for 3000 ChasisGadzoox Rack-Mount kit 770017-000 $195 Call for Discount Gadzoox Rack-Mount kitJNI FC64-1063-N Server HBA (Sparc Solaris –Sbus)

770008-000 $3,595 JNI FC64-1063-N Server HBA (Sparc Solaris -Sbus)

MAGNITUDE Fibre Channel Host Adapter Board

830030-000 $2,595 33% High-performance, MAGNITUDE Fibre Channel fibre connectivity adapter with QMT.

MAGNITUDE XP Host Adapter Board 830016-MAG $2,595 33% High-performance, MAGNITUDE point-to-point fibre connectivity adapter with QMT processing.

Qlogic QLA2100F/33-BK Server HBA (AIX for IBM F30 and F40)

770006-000 $1,795 33% QLogic QLA2100F/33-BK Server HBA (AIX for IBM F30 and F40)

Qlogic QLA2200F/33-BK Server HBA (NetWare 5.0, Linux, NT 4.0, NetWare 4x, Win2000, Solaris X86, Solaris Sparc)

770014-000 $1,995 33% QLogic QLA2200F/33-BK Server HBA (NetWare 5.0, Linux, NT 4.0, NetWare 4x, Win2000, Solaris X86, Solaris Sparc)

Server XP Host Adapter Board (NT/NetWare only)

830016-SVR $2,595 33% High-performance, point-to-point Server, PCI fibre connectivity adapter with QMT processing and temperature sensor.

Short Wave Optical GBIC 770003-000 $395 33% Short Wave Optical GBIC


Drives Part Number List Price % Discount Description

18 GB 10,000RPM Drive 800029-000 $1,995 33% MAGNITUDE high-performance hard drive with super-cooled, ESD-protected, hot-swappable, drive shuttle

18 GB 15,000RPM Drive 800055-000 $2,400 33% MAGNITUDE Hard Drive with super-cooled, ESD-protected, hot-swappable, drive shuttle



Software Part Number List Price % Discount Description

Additional 4-port FC Switch Activation 210005-000 $24,000 33% Activate ports 5-8 on your MAGNITUDE Fibre Channel Storage Switch

LTO - REDI SAN Links Replicator Suite 7.0 REDI Family Upgrade

800043-00X $70,000 33% Promotion, Upgrade from any REDI Family product

LTO - REDI SAN Links Replicator Suite 7.0 REDI Family Upgrade - 15 Server License Restriction


LTO - REDI SAN Links Replicator Suite 7.0 REDI Family Upgrade - 7 Server License Restriction


LTO - REDI SAN Links Replicator Suite 7.0 REDI Suite Update

800057-00X $29,500 33% Promotion, Upgrade from any REDI Suite

LTO - REDI SAN Links Replicator Suite 7.0 REDI Suite Update - 15 Server License Restriction


LTO - REDI SAN Links Replicator Suite 7.0 REDI Suite Update - 7 Server License Restriction


LTO - REDI Software Suite 7.0 REDI Family Upgrade

800043-00Y $50,000 33% Promotion, Upgrade from any REDI Family product

LTO - REDI Software Suite 7.0 REDI Family Upgrade - 15 Server License Restriction


LTO - REDI Software Suite 7.0 REDI Family Upgrade - 7 Server License Restriction


LTO - REDI Software Suite 7.0 REDI Suite Update

800057-00Y $15,000 33% Promotion, Upgrade from any REDI Suite

LTO - REDI Software Suite 7.0 REDI Suite Update - 15 Server License Restriction


LTO - REDI Software Suite 7.0 REDI Suite Update - 7 Server License Restriction


REDI Access Software 800042-000 $37,800 33% Includes REDI Zone, REDI Path, and REDI Volume DirectorREDI Access Software - 15 Server License Restriction

800042-150 $30,240 33% Includes REDI Zone, REDI Path, and REDI Volume Director

REDI Access Software - 7 Server License Restriction

800042-700 $18,900 33% Includes REDI Zone, REDI Path, and REDI Volume Director

REDI Control MAGNITUDE Software (1 license per MAGNITUDE)

210009-000 $667 33% MAGNITUDE REDI Control host - requires client

REDI Control Manager Software – NT 210006-000 $6,667 33% MAGNITUDE REDI Control client - remote monitoring and

Addendum No. 1 toContract Number 01588Page 3Application management with SNMP SupportREDI Control Scheduler Software 210017-000 $3,333 33% Automate REDI Software functions - requires REDI Control

Manager and MAGNITUDEREDI Control Software Suite 800047-000 $8,667 33% Remotely manage and automate REDI Software Functions –

includes REDI Control Manager, MAGNITUDE (1 license) and Scheduler

REDI Copy Software 210004-000 $24,000 33% Real-time data replication software

REDI Copy Software - 15 Server License Restriction

210004-150 $19,200 33% Real-time data replication software

REDI Copy Software - 7 Server License Restriction

210004-700 $12,000 33% Real-time data replication software

REDI Path Software (REDI Zone Required) 210008-000 $4,000 33% Load balancing and path failover. For use with XP HABs only. Requires REDI Zone


210008-150 $3,200 33% Load balancing and path failover. For use with XP HABs only. Requires REDI Zone


210008-700 $2,000 33% Load balancing and path failover. For use with XP HABs only. Requires REDI Zone

REDI SAN Links Replicator Suite 7.0 REDI Family Upgrade

800057-00F $103,000 33% Upgrade from any REDI Family product





REDI SAN Links Replicator Suite 7.0 REDI Suite 7.0 Update

800057-00S $17,000 33% Upgrade from REDI Suite





REDI SANLinks 210019-000 $20,000 33% Connects multiple MAGNITUDEs into shared storage overFibre Channel links.

REDI SANLinks - 15 Server License Restriction

210019-150 $16,000 33% Connects multiple MAGNITUDEs into shared storage over Fibre Channel links.

REDI SANLinks - 7 Server License Restriction 210019-700 $10,000 33% Connects multiple MAGNITUDEs into shared storage overFibre Channel links.

REDI SANLinks Replicator 210020-000 $40,000 33% Copy, mirror and swap between multiple MAGNITUDEs over Fibre Channel links.

REDI SANLinks Replicator - 15 Server License Restriction

210020-150 $32,000 33% Copy, mirror and swap between multiple MAGNITUDEs over Fibre Channel links.

REDI SANLinks Replicator - 7 Server License Restriction

210020-700 $20,000 33% Copy, mirror and swap between multiple MAGNITUDEs over Fibre Channel links.

REDI SANLinks Replicator Suite 800057-000 $120,000 33% REDI SAN Links Replicator, REDI Copy, REDI Volume Director, REDI Zone, REDI Path, REDI Control, REDI Control Scheduler, and REDI Storage Manager.

REDI SANLinks Replicator Suite – 15 Server License Restriction

800057-150 $96,000 33% REDI SAN Links Replicator, REDI Copy, REDI Volume Director, REDI Zone, REDI Path, REDI Control, REDI Control Scheduler, and REDI Storage Manager.

REDI SANLinks Replicator Suite – 7 Server License Restriction

800057-700 $60,000 33% REDI SAN Links Replicator, REDI Copy, REDI Volume Director, REDI Zone, REDI Path, REDI Control, REDI Control Scheduler, and REDI Storage Manager.

REDI Software Suite 7.0 800056-000 $105,000 33% Includes REDI Storage Manager, REDI Zone, REDI Path, REDI Volume Director, REDI Copy, and REDI Control NT Client and MAGNITUDE

Addendum No. 1 toContract Number 01588Page 4REDI Software Suite 7.0 - 15 Server License Restriction

800056-150 $84,000 33% Includes REDI Storage Manager, REDI Zone, REDI Path, REDI Volume Director, REDI Copy, and REDI Control NT Client and MAGNITUDE

REDI Software Suite 7.0 - 7 Server License Restriction

800056-700 $52,500 33% Includes REDI Storage Manager, REDI Zone, REDI Path, REDI Volume Director, REDI Copy, and REDI Control NT Client and MAGNITUDE

REDI Software Suite 7.0 REDI Family Upgrade


REDI Software Suite 7.0 REDI Family Upgrade - 15 Server License Restriction


REDI Software Suite 7.0 REDI Family Upgrade - 7 Server License Restriction


REDI Storage Manager 210018-000 $20,000 33% Storage virtualization and advanced Queue Management Technology.

REDI Storage Manager - 15 Server License Restriction

210018-150 $16,000 33% Storage virtualization and advanced Queue Management Technology.

REDI Storage Manager - 7 Server License Restriction

210018-700 $10,000 33% Storage virtualization and advanced Queue Management Technology.


210007-150 $20,000 33% LUN Masking and LUN maping. Requires REDI Zone



REDI Volume Director Software (REDI Zone Required)


REDI Zone Software 210003-000 $14,000 33% Data Zoning for XIOtech Fibre Storage Switch

REDI Zone Software - 15 Server License Restriction

210003-150 $11,200 33% Data Zoning for XIOtech Fibre Storage Switch

REDI Zone Software - 7 Server License Restriction

210003-700 $7,000 33% Data Zoning for XIOtech Fibre Storage Switch

Shipping and Installation (Government Pricing and Listed)

Part Number List Price % Discount Description

Addional Server(s) HBA installations (up to 4) 010003-000 $500 33% Installation of up to 4 XIOtech-certified server FC-AL HBAHourly Professional Services 010005-000 $225 33% Time and material services provided outside of the normal

installation scopeStandard Hub/Switch Installation (each) 010004-000 $1,250 33% Installation of 1 XIOtech-certified FC-AL Switch of HubStandard Shipping 020004-000 $1,000 33% Guaranteed, insured, standard shippingStandard System Installation (up to 8 servers) 010001-000 $3,995 33% On-site installation, configuration, and training for up to 5

company employees.Up to 8 hours On-site Professional Integration Sevices (plus expenses)

020002-000 $2,000 33% Hourly integration services - up to eight hours


Service ALL HOURLY RATES A BILLED AT A 2 HOUR MINIMUM +Travel Exp.

Part Number List Price % Discount Description

5 x 9 Technical Support, 1 Hour Response 020006-000 225.00 Per Hour

33% 5 x 9 Technical Support, 1 Hour Response

5 x 9, 4-hour on-site (XIOtech-sold & Supported non-CRUs)

020011-000 225.00 Per Hour

33% 5 x 9, 4-hour on-site (XIOtech-sold & Supported non-CRUs)

5 x 9, Next Business Day on-site (XIOtech-branded non-CRUs)

020005-000 225.00 Per Hour

33% 5 x 9, Next Business Day on-site (XIOtech-branded non-CRUs)

5 x 9, Next Business Day on-site (XIOtech-sold & Supported non-CRUs)

020010-000 225.00 Per Hour

33% 5 x 9, Next Business Day on-site (XIOtech-sold & Supported non-CRUs)

7 x 24 Toll-Free Technical Support, Live Transfer

020015-000 225.00 Per Hour

33% 7 x 24 Toll-Free Technical Support, Live Transfer

7 x 24, 4-hour on-site (XIOtech-sold & Supported non-CRUs)

020013-000 225.00 Per Hour

33% 7 x 24, 4-hour on-site (XIOtech-sold & Supported non-CRUs)

Software Maintenance - Release-Level Upgrades

020008-000 4,800.00 Per Level

33% Software Maintenance - Release-Level Upgrades

XIOtech Certified Engineer Training 020003-000 1,750.00 Per Person

33% XIOtech Certified Engineer Training

Xpert Care (includes software maintenance and 5 x 9, 4-hour non-CRU support)

020050-000 Annual Contract

33% Xpert Care (includes software maintenance and 5 x 9, 4-hour non-CRU support)

Xpert Care Plus (includes software maintenance and 7 x 24, 4-hour non-CRU support)

020060-000 Annual Contract

33% Xpert Care Plus (includes software maintenance and 7 x 24, 4-hour non-CRU support)

Spares Pricing Part Number List Price % Discount DescriptionFan – processor 800028-000 $45 33% Front FanPower supply 800038-000 $2,675 33% Power supplyProcessor Tray Assembly 880009-000 $11,500 33% Processor / tray assemblyRear blower 800006-000 $300 33% Rear Fan

BILL GRAVESGovernor


JOHN T. HOULIHANDirector of Purchases900 S.W. Jackson, Room 102-NLandon State Office BuildingTopeka, KS 66612-1286(785) 296-2376FAX (785) 296-7240http://da.state.ks.us/

CONTRACT AWARD

Date of Award: June 30, 2000


PR Number: 2498

Replaces Contract: NEW

Procurement Officer: David W. MetzenthinTelephone: 785-296-3123E-Mail Address: [email protected]


Agency: Kansas Department of TransportationLocation(s): Topeka, KS


Contractor: XIOtech Corporation6509 Flying Cloud, Ste. 200Eden Prairie, MN 55344-3394Telephone: 952-828-5980Fax: 952-828-5990Contact Person: Shannon MahaffeyTelephone: 636-537-9114Fax: 636-537-2986E-Mail: [email protected]

Prices: See Attached

Payment Terms: Net 30

Delivery: F.O.B. Destination Prepaid and Allowed(included in the contract price)

Pricing is not available to the political subdivisions of the State of Kansas.






The Parties agree as follows:

1. This contract adopts and incorporates: the RFP and any addenda; Contractor’s response, including any addenda, appendices and exhibits. Subject to the terms and conditions, State hereby accepts the offer of Contractor as expressed by Contractor’s bid submitted to the Division of Purchases on June 22, 2000, in response to the RFP in Contract No. 01588.

2. It is understood and agreed by the parties that Contractor agrees to Provide and Install Storage Area Networks to the State of Kansas, Department of Transportation, for a period from June 30, 2000 – June 29, 2001. State has the option of renewing the contract for four (4) additional one-year periods at the prevailing rate. The State agrees to pay the amount(s) billed by the Contractor in accordance with the terms of the contract documents. Payment will be made as soon after receipt of the invoice(s) as possible in accordance with state law.

3. The provisions found in the Contractual Provisions Attachment (DA-146(A) (REV. 6/96) is incorporated and made a part of this contract by reference.

4. Any conflict to the provisions of this contract and the documents incorporated by reference shall be determined by the following priority order:

a. State of Kansas Contract Provisions Attachment DA-146a;b. Written modifications and addenda to the executed contract;c. This contract document.;d. The above referenced Request for Proposal (RFP) including any addenda;e. Contractors response, including any addenda, appendices and exhibits.

5. In the event of any disputes regarding the terms of this Contract or payments alleged to be due and owing, the Contractors sole remedy shall be with the Agency placing the order.

6. XIOtech Service Level Agreement Addendum, State of Kansas MAGNITUDE Implementation is attached and included in this contract as Attachment A.

IN WITNESS WHEREOF, the foregoing Contract has been executed by the parties hereto:

Accepted: STATE OF KANSAS: Accepted: XIOTECH CORPORATION

John T. HoulihanDirector, Division of Purchases

_____________________________________

Date_________________________________

_____________________________________

Date_________________________________



Schedule of PricesIncludes Brocade Switch and 10,000 RPM Drives and reflects annual maintenance for two SAN Systems as specified in the RFP.

1. Price of one (1) XIOtech Storage Area Network (SAN) System and $ 203,192.00 Services, including the first year of maintenance (as itemized in proposal)

2. Maintenance Price:

a) Year two (per SAN): $ 15,819.00

b) Year three (per SAN): $ 14,987.00

c) Year four (per SAN): $ 14,987.00

d) Year five (per SAN): $ 14,987.00

3. Price of one (1) On-site Service Spare Parts Kit: $ 11,500.00

4. Cost per hour for Technical Consulting Services for additional $ 235.00 SAN Services. (Plus Expenses).

5. Total cost for on-site Training six (6) students per class, $ 15,000.00 two (2) classes within one (1) week

6. Total cost for one (1) Instructor with all expenses included $ 1,525.00 for one (1) week of classes


State of KansasDepartment of AdministrationDA-146a (Rev. 3-00)

CONTRACTUAL PROVISIONS ATTACHMENTImportant: This form contains mandatory contract provisions and must be attached to or incorporated in all copies of any contractual

agreement. If it is attached to the vendor/contractor's standard contract form, then that form must be altered to contain the following provision:

"The Provisions found in Contractual Provisions Attachment (Form DA-146a, Rev. 3-00), which is attached hereto, are hereby incorporated in this contract and made a part thereof."

The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being the _____ day of ____________________, 20_____.

1. Terms Herein Controlling Provisions: It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated.

2. Agreement With Kansas Law: All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of Kansas.

3. Termination Due To Lack Of Funding Appropriation: If, in the judgment of the Director of Accounts and Reports, Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, State may terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by State, title to any such equipment shall revert to contractor at the end of State's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor.

4. Disclaimer Of Liability: Neither the State of Kansas nor any agency thereof shall hold harmless or indemnify any contractor beyond that liability incurred under the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.).

5. Anti-Discrimination Clause: The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) (ADA) and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration; (f) if it is determined that the contractor has violated applicable provisions of ADA, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration.

Parties to this contract understand that the provisions of this paragraph number 5 (with the exception of those provisions relating to the ADA) are not applicable to a contractor who employs fewer than four employees during the term of such contract or whose contracts with the contracting state agency cumulatively total $5,000 or less during the fiscal year of such agency.

6. Acceptance Of Contract: This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given.

7. Arbitration, Damages, Warranties: Notwithstanding any language to the contrary, no interpretation shall be allowed to find the State or any agency thereof has agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a contingency. Further, the State of Kansas shall not agree to pay attorney fees and late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.

8. Representative's Authority To Contract: By signing this contract, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

9. Responsibility For Taxes: The State of Kansas shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

10. Insurance: The State of Kansas shall not be required to purchase, any insurance against loss or damage to any personal property to which this contract relates, nor shall this contract require the State to establish a "self-insurance" fund to protect against any such loss of damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the vendor or lessor shall bear the risk of any loss or damage to any personal property in which vendor or lessor holds title.

11. Information: No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to information pursuant to K.S.A. 46-1101 et seq.


Service Level Agreement Addendum State of Kansas MAGNITUDE Implementation

ATTACHMENT A

1. Scope This Service Level Agreement (SLA) is designed to provide the State of Kansas a committed service level for the XIOtech MAGNITUDE implementation. This SLA will cover the MAGNITUDE and its internal components only.

2. DefinitionsDowntime - this is the time from which the contact to XIOtech has been established and the functionality is fully restored, less any time that XIOtech was not granted access or waiting for customer contact

Outage - this is defined as a total system failure of the MAGNITUDE resulting in loss of data access and / or application access

Period - one calendar year commencing from the original date of installation

Penalties - penalty remuneration will be in the form of support contract extensions or credits for future XIOtech product purchases.

Production - this is defined as non-test usage of the system, where negative impact to normal business operations occurs as a result of an outage

Scheduled outage - this is an outage that can be attributed to an event that is scheduled at the customer location and the downtime has been planned and is not to be considered an emergency outage

Unscheduled outage - this is an outage that can be attributed to an event that is not scheduled and is to be considered an emergency

3. SLA provisions3.1. It is assumed that the customer will subscribe to XIOtech's highest support level, XPERTcare Plus, in

order for the SLA to be valid. XPERTcare Plus allows for the fastest response to customer needs 7 days per week, 24 hours per day.

3.2. Penalties due to the customer shall be applied to future XIOtech support agreements in the form of contract extensions or for future XIOtech product purchases.

3.3. Penalty structure3.3.1.In the event of an unscheduled outage with a production system lasting less than 4 (four) hours, a

penalty in the amount equivalent to 1 (one) month of XPERTcare Plus current configuration expense will be assessed.

3.3.2.In the event of an unscheduled outage with a production system lasting greater than 4 (four) hours, a penalty in the amount of $1,250 per hour beyond 4 hours will be assessed.

3.3.3.Penalty structure for section 3.3 will apply for the time period of 1 (one) year from the original date of system installation.

3.4. If the frequency and / or duration of any downtime seriously impacts the customer's normal business operations, the customer may request, and XIOtech may arrange, a trained XIOtech technical specialist to visit the installation. Such visit would be at no charge to the customer.

3.5. External peripherals such as Fibre Channel switches, hubs, cabling, server operating systems, and server host bus adapters are excluded from the coverage of this SLA. Also excluded are outages that can be attributed to customer neglect, error, or non-production testing.

3.6. In the event of a total system failure that results in an extended outage, XIOtech may, at no charge to the customer, replace components up to and including the entire system, in order to restore functionality

3.7. The parties agree that the remedies specified above reflect fair and reasonable estimates of compensation to the customer for any losses incurred due an unscheduled system outage.
