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HomeMy WebLinkAboutSecantIT/IS Can a-6f D7 O 1. I SecantlT PPROVED, AS Information Systems Department 2010 FORM T® Appropriation #1202 -404; P.O. #21554- $6,000.00 21555- $875.00 Contract Not To Exceed $6,875.00 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES "Agreement is hereby made and entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety (hereinafter "City SecantlT and (hereinafter "Professional RECITALS WHEREAS City owns and is responsible for the operation and maintenance of its property, personnel, public works and infrastructure; and WHEREAS, from time to time, City needs professional assistance in fulfilling its foregoing responsibilities; and WHEREAS, Professional is experienced in providing and desires to provide to City the professional services "Services referenced herein; and WHEREAS, City desires to engage Professional as an independent contractor for the purpose of providing to City the Services referenced herein; NOW, THEREFORE, in consideration of the foregoing recitals and the covenants and conditions set forth herein, City and Professional mutually agree as follows: SECTION 1. INCORPORATION OF RECITALS The foregoing Recitals are hereby incorporated into this Agreement and made a part hereof SECTION 2. SCOPE OF SERVICES 2.1 City desires to engage Professional as an independent contractor for the Services set forth in attached Exhibit A, incorporated herein by this reference. 2.2 Professional understands and agrees that City may, from time to time, request Professional to provide additional or modified Services to City. When City desires additional Services from Professional, the City shall notify Professional of such additional Services desired, as well as the time frame in which same are to be provided. Only after City has approved Professional's time and cost estimate for the provision of such additional Services, has encumbered sufficient monies to pay for same, and has authorized Professional, in writing, to provide such additional Services, shall such Services be provided by Professional to City. A copy of the City's authorization documents for the purchase of additional Services shall be numbered and attached hereto in the order in which they are approved by City. 2.3 Time is of the essence of this Agreement. [Z:\shar0.11Prof Goats Svcv\20111 Misc\SECANTIT Proft,ivaal Savic4rs.docfi /25/2010 1 :16 PM] SecantlT 1- Information Systems Department 2010 Appropriation #1202 -404; P.O. #21554- $6,000.00 21555- $875.00 Contract Not To Exceed $6,875.00 SECTION 3. CITY'S RESPONSIBILITIES 3.1 City shall provide such information as is reasonably necessary for Professional to understand the Services requested. 3.2 City shall provide all data required for provision of Services. Professional may assume that all data so provided is correct and complete. 3.3. City shall arrange for Professional to enter upon public and private property as reasonably required for Professional to perform the Services. 3.4 City shall designate payment of the Services from City budget appropriation number 1202 -404 funds. 3.5 City shall designate the Mayor or his duly authorized representative to act on City's behalf on all matters regarding the Services. SECTION 4. PROFESSIONAL'S RESPONSIBILITIES 4.1 Professional shall perform the Services pursuant to the terms of this Agreement and within any applicable time and cost estimate. 4.2 Professional shall coordinate with City its performance of the Services. 4.3 Professional shall provide the Services by following and applying at all times reasonable and lawful standards as accepted in the industry. SECTION 5. COMPENSATION 5.1 Professional estimates that the total price for the Services to be provided to City hereunder shall be no more than Six Thousand Eight Hundred Seventy Five Dollars ($6,875.00) (the "Estimate Professional shall submit an invoice to City no more than once every thirty (30) days for Services provided City during the time period encompassed by such invoice. Invoices shall be submitted on a form containing the same information as that contained on the Professional Services Invoice attached hereto as Exhibit B, incorporated herein by this reference. City shall pay Professional for all undisputed Services rendered and stated on such invoice within sixty (60) days from the date of City's receipt of same. 5.2 Professional agrees not to provide any Services to City that would cause the total cost of same to exceed the Estimate, without City's prior written consent. [Z:\ harul\ProfSvc. Good. Svc.A2610 Mi.c\SECANTIT Prolt,.ional Sirvica. doc 6 /25/2010 1 J6 PM] 2 SecantlT Information Systems Department 2010 Appropriation #1202 -404; P.O. #21554- $6,000.00 21555- $875.00 Contract Not To Exceed $6,875.00 SECTION 6. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Section 7.1 hereinbelow, this Agreement shall be in effect from the Effective Date through December 31, 2010, and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. SECTION 7. MISCELLANEOUS 7.1 Termination. 7.1.1 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City or Professional, without cause, upon thirty (30) days' notice. 7.1.2 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City, for cause, immediately upon Professional's receipt of City's "Notice To Cease Services." 7.1.3 In the event of full or partial Agreement termination, and as full and complete compensation hereunder, Professional shall be paid for all such Services rendered and expenses incurred as of the date of termination that are not in dispute, except that such payment amount shall not exceed the Estimate. Disputed compensation amounts shall be resolved as allowed by law. 7.2 Binding Effect. City and Professional, and their respective officers, officials, agents, partners and successors in interest are bound to the other as to all Agreement terms, conditions and obligations. 7.3 No Third Party Beneficiaries. Nothing contained herein shall be construed to give rights or benefits to anyone other than the parties hereto. 7.4 Relationship. The relationship of the parties hereto shall be as provided for in this Agreement, and neither Professional nor any of its agents, employees or contractors are City employees. Professional shall have the sole responsibility to pay to or for its agents, employees and contractors all statutory, contractual and other benefits and /or obligations as they become due. Professional hereby warrants and indemnifies City for and from any and all costs, fees, expenses and /or damages incurred by City as a result of any claim for wages, benefits or otherwise by any agent, employee or contractor of Professional regarding or related to the subject matter of this Agreement. This indemnification obligation shall survive the termination of this Agreement. [Z.Asham' Prol1Svc. Goes Svcd2010 MIsc\SECANTIT Pmft,ional Serviccs.do :6 /25/21110 1 :36 PM] 3 SecantlT Information Systems Department 2010 Appropriation #1202 -404; P.O. #21554- $6,000.00 21555- $875.00 Contract Not To Exceed $6,875.00 7.5 Insurance. Professional shall procure and maintain with an insurer licensed to do business in the State of Indiana such insurance as is necessary for the protection of City and Professional from all claims under workers' compensation, occupational disease and /or unemployment compensation acts, because of errors and omissions, because of bodily injury, including, but not limited to, the personal injury, sickness, disease, or death of any of Professional's employees, agents or contractors and /or because of any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth on attached Exhibit C. Such insurance policies shall not be canceled without thirty (30) days' prior written notice to City. 7.6 Liens. Professional shall not cause or permit the filing of any lien on any of City's property. In the event such a lien is filed and Professional fails to remove it within ten (10) days after the date of filing, City shall have the right to pay or bond over such lien at Professional's sole cost and expense. 7.7 Default. In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Professional's warranties; (b) fails to perform the Services as specified; (c) fails to make progress so as to endanger timely and proper completion of the Services and does not correct such failure or breach within five (5) business days after receipt of notice from City specifying same; or (d) becomes insolvent, files, or has filed against it, a petition for receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to terminate all or any part of this Agreement, without liability to Professional and to exercise any other rights or remedies available to it at law or in equity. 7.8 Government Compliance. Professional agrees to comply with all laws, executive orders, rules and regulations applicable to Professional's performance of its obligations under this Agreement, all relevant provisions of which being hereby incorporated herein by this reference, to keep all of Professionals' required professional licenses and certifications valid and current, and to indemnify and hold harmless City from any and all losses, damages, costs, liabilities, damages, costs and attorney fees resulting from any failure by Professional to do so. This indemnification obligation shall survive the termination of this Agreement. [Z:3s11arrsJ\Prof Svcs Goods Svcs\20I0 Mi.c\SECANTIT Professional SuvlcLs.doi:6/25/20[0 1:36 PM] 4 SecantlT Information Systems Department 2010 Appropriation #1202 -404; P.O. #21554- $6,000.00 21555- $875.00 Contract Not To Exceed $6,875.00 7.9 Indemnification. Professional shall indemnify and hold harmless City and its officers, officials, employees and agents from all losses, liabilities, claims, judgments and liens, including, but not limited to, all damages, costs, expenses and attorney fees arising out of any intentional or negligent act or omission of Professional and /or any of its employees, agents or contractors in the performance of this Agreement. This indemnification obligation shall survive the termination of this Agreement. 7.10 Discrimination Prohibition. Professional represents and warrants that it and each of its employees, agents and contractors shall comply with all existing and future laws prohibiting discrimination against any employee, applicant for employment and /or other person in the subcontracting of work and /or in the performance of any Services contemplated by this Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, subcontracting or work performance hereunder because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. This indemnification obligation shall survive the termination of this Agreement. 7.11 Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement that can operate independently of same shall continue in full force and effect. 7.12 Notice. Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this Agreement shall be written and either hand delivered or sent by prepaid U.S. certified mail, return receipt requested, addressed to the parties as follows: CITY: City of Carmel Douglas C. Haney Department of Administration Carmel City Attorney One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 ATTENTION: PROFESSIONAL: SecantIT 9465 Counselor Row, Suite 200 Indianapolis, Indiana 46240 ATTENTION: Vincent Taylor, President [Zasham' Prol Svc, Good. Svo32010 Misc\SECANTIT Proltsiunal SL1vlc6. 6/25/2010 1 :36 PM] 5 SecantlT Information Systems Department 2010 Appropriation #1202 -404; P.O. #21554- $6,000.00 21555- $875.00 Contract Not To Exceed $6,875.00 Notwithstanding the above, City may orally provide to Professional any notice required or permitted by this Agreement, provided that such notice shall also then be sent as required by this paragraph within ten (10) business days from the date of such oral notice. 7.13 Effective Date. The effective date "Effective Date of this Agreement shall be the date on which the last of the parties hereto executes same. 7.14 Governing Law; Lawsuits. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its conflict of laws provisions, as well as by all ordinances and codes of the City of Cannel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they waive any right to a jury trial they may have, agree to file such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 7.15 Waiver. Any delay or inaction on the part of either party in exercising or pursuing its rights and /or remedies hereunder or under law shall not operate to waive any such rights and /or remedies nor in any way affect the rights of such party to require such performance at any time thereafter. 7.16 Non Assignment. Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder without City's prior written consent. 7.17 Entire Agreement. This Agreement contains the entire agreement of and between the parties hereto with respect to the subject matter hereof, and no prior agreement, understanding or representation pertaining to such subject matter, written or oral, shall be effective for any purpose. No provision of this Agreement may be amended, added to or subtracted from except by an agreement in writing signed by both parties hereto and /or their respective successors in interest. To the extent any provision contained in this Agreement conflicts with any provision contained in any exhibit attached hereto, the provision contained in this Agreement shall prevail. 7.18 Representation and Warranties. Each party hereto represents and warrants that it is authorized to enter into this Agreement and that any person or entity executing this Agreement on behalf of such party has the authority to bind such party or the party which they represent, as the case may be. [Z:\shwullProf: R Good. Svc.12010 MI,\SECANTIT Prok,lonal S rvicvs.doc6 /25/2010 I:36 PM] 6 SecantlT Information Systems Department 2010 Appropriation #1202 -404; P.O. #21554- $6,000.00 21555- $875.00 Contract Not To Exceed $6,875.00 7.19 Headings. All headings and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 7.20 Advice of Counsel. The parties warrant that they have read this Agreement and fully understand it, have had an opportunity to obtain the advice and assistance of counsel throughout the negotiation of same, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 7.21 Copyright. City acknowledges that various materials which may be used and /or generated by Professional in performance of Services, including fonns, job description formats, comprehensive position questionnaire, compensation and classification plan and reports are copyrighted. City agrees that all ownership rights and copyrights thereto lie with Professional, and City will use them solely for and on behalf of its own operations. City agrees that it will take appropriate action with its employees to satisfy its obligations with respect to use, copying, protection and security of Professional's property. 7.22 Personnel. Professional represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship with City. All of the services required hereunder will be performed by Professional or under his supervision and all personnel engaged in the work shall be fully qualified to perform such services. 7.23 Records and Inspections Professional shall maintain full and accurate records with respect to all matters covered under this agreement for three (3) years after the expiration or early termination of this agreement. City shall have free access at all proper times to such records and the right to examine and audit the same and to make transcripts there from, and to inspect all program data, documents, proceedings and activities. 7.24 Accomplishment of Project Professional shall commence, carry on, and complete the project with all practicable dispatch, in a sound economical and efficient manner, in accordance with the provisions thereof and all applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on within City's organization. [Z ,r l\Prof:Svcs Good.. Svcs 2010 Misc\SECANTIT Pro(c,lonnl Scovices. dot :6 /25/2010 116 PM] 7 SecantlT Information Systems Department 2010 Appropriation #1202 -404; P.O. #21554- $6,000.00 21555- $875.00 Contract Not To Exceed OO IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA SECANTIT by and through its Board of Public Works and Safety BY: BY: es Brainard, Presidin• Officer Authorized Signature CJ Date: t Printed Name: )i N� E ✓S 7 7 /z/L--- Mary Burke, Member Title: Date: FID /TIN: 7 2_0(.5 Lori S. on, Member SSN if Sole Proprietor: Dat 7j"1 it0 Date: ATTES A if D' na Cordray, IAM,4 lerk- Treasurer ate: 7-7-10 ]Z: \shared \Prof Svcs Goods Svcs ‘2010 Misc SECANTIT Professional Scrvices.dor 6]S /2010 1:21 PM] 8 Checkup www.secantit.com Statement of Work Virtu 10 Storage RE Date: te 04/16/20 Pro J alization ciect Number: 001 Prepared '.:4""*,•''L'.7.:71.4413;ft-O-V'4',P- '''4'4'*-t-;zi :14-1194Vq--11..441•1'?:,,,,,:feiat:It 14E 1/4' 1, fo r: City °f Ca r Square 3 Civic Sq re 1 Carme-, IN, 46032 9r/10, ecant ot t. Statement of Work This Statement of Work describes the project planned between SECANT IT and the City of Carmel "Client The Statement of Work includes the following sections: Confidentiality Statement of Work confidentiality agreement Statement C inf rm Contact information for authorized representatives of SECANT IT and I A ;T; ,,"';',1.` Client involved in this project Introduction 1 An overall description of the project Servicces and i Describes the scope of the project Deliverables 4r: Esti S Required signing date, and estimated start and end dates for the project Costs 4 Detailed project costs and estimated expenses Project Assumptions SECANT IT assumptions for the project, including Client responsibilities, cancellation and rescheduling and working hours Pro Risks i Initial risks identified that may have an adverse affect on the project or the quality of its deliverables Terms and Conditions Contract terms that govern this Statement of Work Sta W o r k, y Includes signatures and indicates mutual acceptance of this Statement of Acceptances Work E xh o A 1, Sample of a "Acknowledgment of Project Completion" form to be signed by ,1 Client as and /or after Services and Deliverables are completed y Exfibit,B Sample of a "Change Control Request" form used if changes in the project g '1 h '5 not included this Statement of Work are required 2 1 Copyright 2010 Secant IT Proprietary and Confidential Statement of Work v2.0 L 99 �r. 1 Confidentiality Statement This Statement of Work is proprietary and confidential to SECANT IT. This Statement of Work is provided in reliance upon the recipient's agreement not to use or disclose the information except in connection with its business dealings with SECANT IT. The recipient of this document agrees to inform its present and future employees who receive or have access to the information contained in this document of its confidential nature, and to instruct each employee that this Statement of Work is proprietary and confidential. The recipient of this document agrees that it will not duplicate or permit others to duplicate any material contained herein except for its own internal use. BY ACCEPTANCE OF THIS DOCUMENT, RECIPIENT AGREES TO BE BOUND BY THE FOREGOING STATEMENT. Contact Information To assist SECANT IT in making this project successful, please provide the following contact and billing information: Client Signature Authority: Terry N Crockett PM. or POC: Rebecca Chike Title: Director of Information Systems Title: Applications Administrator Voice: (317) 571 -2567 Voice: (317) 571 -2748 E -mail: TCrockett @carmel.in.gov E -mail: rchike @carmel.in.gov Required if POs ar not issued, Billing Contact: Other: ,4; Voice: Voice: E -mail: E -mail: Required if POs are; Addressl not issued Address2: Billing: Address: City: State: Zip: Required if POs are not issued a Client Tracking SECANT IT Account Executive: PM or LC: Vincent Taylor Voice: Voice: (317) 808 -4949 x9003 E -mail: E -mail: vincent.taylor @secantit.com ;s Services /Practice Manager: Other:" Voice: Voice: E -mail: E -mail: Project Manager (PM) or Point of Contact (POC) Project Manager (PM) or Lead Consultant (LC) Introduction The Client has engaged Secant IT to perform a Storage Virtualization Upgrade. The Storage Virtualization Upgrade will be implemented to meet the following objectives: 3 1 Copyright 2010 Secant IT Proprietary and Confidential Statement of Work v2.0 66EI IT C� Upgrade DataCore storage installation to a supported version. Upgrade virtual environment functionality. Increased virtual machine performance. Increase the ability to virtualize more servers and reduce utility costs. Secant IT will perform this project over a period of 5 to 7 days. This Statement of Work is described in the following phases: Phase 1 (Implementation) Phase 2 (Post Support) Services and Deliverables Phase 1 (Implementation) a. Tasks and Approach i. Install new VMware vCenter server. ii. Move existing VMware ESX 3.5 servers to new vCenter server. iii. Upgrade four existing VMware ESX3.5 servers to VMware vSphere 4.x. iv. Upgrade VMware tools and virtual hardware on all virtual machines. (This will be performed by City of Carmel personnel over time.) v. Install new Datacore storage server. vi. Install new SCSI controller existing Datacore storage server vii. Rebuild existing Datacore storage server. viii. Install and connect new disk enclosure. ix. Reconfigured current storage paths on Datacore storage servers and VMware vSphere servers. x. Reconfigure Datacore mirroring paths on each Datacore server. b. Deliverables i. Four newly upgrade VMware vSphere 4.0 servers in a dual cluster configuration. ii. Distributed SAN and Virtualization configuration iii. Newer SAN technology iv. New SAN node Phase 2 (Post Support) v. Troubleshoot and fix any connectivity, configuration and overall problems with newly installed VMware servers. vi. Remediate any problems that arise from SAN upgrade and ensure ongoing viability of SAN. Estimated Schedule The following is an estimated project implementation schedule with the estimated cost(s). 4 1 Copyright 2010 Secant IT Proprietary and Confidential Statement of Work v2.0 FY. lT .Pcvk 10 f9 Estimated Start Date: To be determined Estimated End Date: To be determined Costs The fees associated with this Statement of Work are shown in the following table: Item" x" 4 Es ti m ate T ype Amours s n A� t 'tiF h e ms; d t�< .;c�. ax Install new VMware vCenter server (Up to 8 hours at an hourly rate of Not to Exceed $1,000.00 $125.00) Move existing VMware servers to new vCenter server and install Not to Exceed $250.00 necessary upgrade utilities (2 hour at an hourly rate of $125.00) Upgrade four existing VMware ESX3.5 (Up to 4 hours at an hourly rate of $125.00) Not to Exceed $500.00 Install new Datacore storage server (Up to 10 hours at an hourly rate Not to Exceed $1,250.00 of $125.00) Rebuild existing Datacore storage server (Up to 10 hours at an hourly Not to Exceed $1,250.00 rate of $125.00) Install and connect new disk enclosure (Up to 4 hours at an hourly rate of $125.00) Not to Exceed $500.00 Reconfigured current storage paths on Datacore storage servers and Not to Exceed $1,000.00 VMware vSphere servers (Up to 8 hours at an hourly rate of $125.00) Reconfigure Datacore mirroring paths on each Datacore server (1 Not to Exceed $125.00 hour at an hourly rate of $125.00) Post Deployment Support (Up to 8 hours at an hourly rate of $125.00) Not to Exceed $1,000.00 Total Cost (Not to Exceed) N/A $6,875.00 Estimate types may include Time Material, Fixed Fee, or Not to Exceed. Hourly rate is based on normal business hours (Monday- Friday, 8am -5pm, and non holiday). Any work performed outside this timeframe will be charged at an hourly rate of $150.00 Time and Materials If the services provided to the Client by SECANT IT are based upon Time and Material charges for the activities outlined in this Statement of Work, the pricing contained is only an estimate and reflects SECANT IT's understanding of the project definition as of the date of this Statement of Work. Project Management Appointing and making available a Project Manager (PM) to work with SECANT IT and all internal or external resources for the duration of this project is recommended because of the complexity (length, resources, cost) of this engagement. This PM would be responsible for but not limited to the following: Serve as the central interface to the Client for all activities associated to the project with the Client's designated Point of Contact (POC). Developing and managing all activities and aspects of the Statement of Work as defined herein. Providing the focal point for all communication and project implementation activities. Managing project staffing, sub contractor and resource requirements. Sourcing, coordinating and facilitating all resources required for the Project. 5 1 Copyright 2010 Secant IT Proprietary and Confidential Statement of Work v2.0 Representing SECANT IT during meetings, reviews, issue resolution, escalation, scope change approvals and acceptance. Providing and conducting regularly scheduled reports and reviews. Reviewing and approving requested Schedule changes. If Client declines project management then SECANT IT will assume that the client has a PM on staff and will utilize that person for the project. If there is no PM on staff, SECANT IT requires an SECANT IT PM for the project which will be billed accordingly to the project through a Change Control process. Refer to Project Change Request Form in this Statement of Work. ProjectManagement Use SECANT IT Project Manager for the Project Decline SECANT IT Project Management. Client has PM on staff. Project Assumptions The Client will review this Statement of Work and verify that all areas pertaining to this Statement of Work are included and indentified so that both parties understand the work to be performed. The Client will appoint and make available a Project Manager (PM) or Point of Contact (POC) to work with SECANT IT for the duration of this project. This person must have authority to act on behalf of the Client. The Client will provide SECANT IT access to the appropriate facilities, systems, staff, and information necessary to perform the services outlined in this Statement of Work and make available a knowledgeable contact person to address questions. These resources will be provided on a schedule consistent with the project timelines outlined in this Statement of Work. Unless specifically enumerated in this Statement of Work, all licenses for hardware and software products associated with this project must be purchased separately. The Client will provide all necessary licensed software media, license keys, hardware and equipment required to perform the services outlined in this Statement of Work (if applicable). Additional project costs associated with delays in acquisition of these products will be the responsibility of the Client. SECANT IT will work with the Client if issues occur related to acquisition of these products through a Change Control process. Refer to Project Change Request Form in this Statement of Work. The Client will provide adequate workspace, network connectivity, and power sources for SECANT IT at each facility where services will be performed. SECANT IT is not responsible for software bugs or undocumented problems that arise during the migration and /or installation of any products. SECANT IT will work with the Client if issues occur related to software bugs or undocumented problems through a Change Control process. Refer to Project Change Request Form in this Statement of Work. The Client is responsible for any CHARGES that may apply when calling for support during the project. In some situations it is necessary to call the manufacture /vendor for support assistance. The Client's existing network infrastructure, systems and applications associated to this project are in proper working order and there are no issues that have not been defined in this "Project Assumptions" section which may impact this project. SECANT IT will work with the Client if issues occur related to the network infrastructure, systems and applications through a Change Control process. Refer to Project Change Request Form in this Statement of Work. 6 I Copyright 2010 Secant IT Proprietary and Confidential Ea Statement of Work v2.0 E XHIBIT iVe Ca SECANT IT staff involved in this project will be informed prior to any changes to the Client's existing network infrastructure, systems and applications that may affect the timeframe, or completion of this project. SECANT IT will work with the Client if changes occur related to the network infrastructure, systems and applications that will impact the project through a Change Control process. Refer to Project Change Request Form in this Statement of Work. If there is a change in the scope of services or deliverables that are not defined in this Statement of Work, the Client will approve and authorize all changes by signing the Project Change Request Form, prior to SECANT IT initiating the change. Customer may terminate this SOW at any time; however, all payment obligations of Customer incurred prior to termination shall survive termination of this SOW and any Services fees shall be non refundable. This project will be considered complete when all deliverables in the "Deliverables" sections of this Statement of Work and associated Client signed Project Change Request Forms have been met. The Client will complete Exhibit A (Acknowledgment of Completion and Acceptance Form) acknowledging that SECANT IT completed all Services and Deliverables in accordance with this Statement of Work, and Client has received and accepted the Services and Deliverables when finished. Unless otherwise negotiated between the parties, SECANT IT will generally require two to three weeks lead time to start a project. Requests for SECANT IT resources and schedules are managed by the Project Manager and will be assigned based on mutual agreement, the skill set needed for the solution, and availability of consultants possessing the required skill set. Client is responsible for implementing recommendations, solutions, or suggestions proposed by SECANT IT in the phase deliverables. Project Risks Project risks are characteristic, circumstance, or features of the project environment that may have an adverse affect on the project or the quality of its deliverables. Known risks identified with this project have been included below. A plan will be put into place to minimize or eliminate the impact of each risk to the project. There may be some down time needed to implement changes to the iSCSI network. There may be periods of slow response while servers are migrating from server to server. Internal and external bandwidth limitations or restrictions can lead to poor network performance or incomplete volume synchronizations between sites. (only applies to multi SAN implementation projects using site to site iSCSI data replication) Server migration strategies to the SAN could vary depending on hardware and software configurations of a specific server. In some scenarios the client might need to purchase a 3 party solution to help with the server to SAN migration. Project may be delayed if backup and recovery, network connectivity, software installation or any other unknown issues occur. Terms and Conditions SECANT IT and the client agree not to solicit directly or indirectly for employment or to employ any employee. For emergency purposes only and with prior permission from the client, SECANT IT reserves the right to recall SECANT IT employees deployed at the client's location. (Note: SECANT IT will incur all corresponding expenses associated with this situation.) The client will provide SECANT IT with ten (10) business days' notice prior to termination of this Statement of Work. All fees associated with this Statement of Work assume that work will be conducted during normal business hours (Monday- Friday, 8am -5pm, and non holiday) unless otherwise noted. 7 1 Copyright 2010 Secant IT Proprietary and Confidential Statement of Wo v2.0 gg tXHIBIT If SECANT IT will invoice for services rendered during the project. The final invoice is due upon project completion. Project completion occurs when deliverables are provided to and reviewed with the Client. Payments to SECANT IT shall be payable within fifteen (15) days of receipt of invoice. Client agrees to provide SECANT IT with a separate purchase order for the services described in this Statement of Work. The parties expressly acknowledge that purchase order terms will not apply. If Client DOES NOT ISSUE PURCHASE ORDERS FOR SERVICES, please initial here. The signer of this Statement of Work must be an authorized Purchasing Agent, and the Client Initial following information must be provided in the Client Information table on Page 3 of this Statement of Work: Billing Contact, Billing Address, and Client Tracking Number. If product is included in this Statement of Work and in the event the Client is required by law to have taxes withhold, the Client agrees to provide SECANT IT all required receipts and documentation substantiating such payment. Statement of Work Acceptance Signatures EACH OF THE PARTIES agrees to the terms of this Statement of Work and has caused this Statement of Work to be executed by its duly authorized representative. 8 1 Copyright 2010 Secant IT Proprietary and Confidential Statement of Work v2.0 "EXHIBIT 9g� Exhibit A: Acknowledgment of Project Completion `''t ecantO 9ThPeeYa .G+;imdtechvdmyCo,ve3 as Client Name City of Carmel Date' 04/16/2010 Project Manager Vincent Taylor Project 001 This acknowledges that SECANT IT has completed all Services and Deliverables in accordance with this Statement of Work, and Client has received and accepted the Services and Deliverables. Fr Acknowledgment J! SE Client Dat Deliverables 'Consultant. Initials Four newly upgrade VMware vSphere 4.0 servers in a Vincent Taylor dual cluster configuration Distributed SAN and Virtualization configuration Vincent Taylor Newer SAN technology Vincent Taylor New SAN node Vincent Taylor zk 1y'� Remarks 3 ro'�� t� :�Yv��',3. �av .v.c. "�i�'� na ent Sigture (Proj 9 I Copyright 2010 Secant IT Proprietary and Confidential Statement of oi 2.0 Upon project completion, a Project Closure meeting will be scheduled between the Client's Project Sponsor and an SECANT IT representative to complete this form. Exhibit B: di, Project Change Request Form ecantOt Me! EkrAtssiTechloiNgorM ellent.Name: Submitter: ',.zo'•• sts, -Project I The Client must approve and authorize all changes by signing the Project Change Request Form, prior to SECANT IT initiating the change. If the Client agrees to the impact and additional cost of the change request, the Client will sign the Change Request Form to indicate their approval of the Change Request into the current approved project scope and Statement of Work for the project. Acknowledgment Client Date Description of Change Required etC)!;,!--, Initials 1 [Enter each change that is not included in original SOW here] [Enter each change that is not included in original SOW here] [Enter each change that is not included in original SOW here] [Enter each change that is not included in original SOW here] Enter each change that is not included in original SOW here] C l ient ig Sponsor) 10 1 Copyright 2010 Secant IT Proprietary and Confidential Statement f Work. v2.0 CXHBT_