Loading...
HomeMy WebLinkAboutresolution.council.030-15 RESOLUTION #30 (Series of 2015) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING.A CONTRACT BETWEEN THE CITY OF ASPEN AND LEWAN TECHNOLOGY AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for Virtualization Update project, between the City of Aspen and Lewan Technology, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for Virtualization Update project, between the City of Aspen and Lewan Technology, a copy of which.is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 16th day of March 2015. r Steven Skadron Mayor I, Linda Manning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, March 16, 2015. Linda Manning, Cit Clerk The city of Aspen CITY OF ASPEN STANDARD FORM OF AGREEMENT -V2010 CityAltorney$Office PROCUREMENT SUPPLY AND PROFESSIONAL SERVICES City of Aspen Project No.: 2015-148. AGREEMENT made as of 91"day of March,in the year 2015. BETWEEN the City: Contract Amount: The City of Aspen Procurement: $32,900.00 c/o Information Technology 130 South Galena Street Professional Services: $158,722.00 Aspen,Colorado 81611 Phone: (970) 920-5055 Total: $191,622.00 If this Agreement requires the City to pay And the Professional: an amount of money in excess of $25,000.00 it shall not be deemed valid Lewan Technology until it has been approved by the City c/o Greg Ask Council of the City of Aspen. 1400 S. Colorado Boulevard City Council Approval: Denver,CO 80222 Phone: Date: fnw h ((61 -20's Resolution No.:-:ff-,'2B oln For the Following Project: Virtualization Update Exhibits appended and made a part of this Agreement: Exhibit A: List of supplies, equipment, or materials to be purchased. Exhibit B: Scope of Work. Exhibit C: Fee Schedule. The City and Professional agree as set forth below. Agreement for Procurement and Professional Services Page 0 r SUPPLY PROCUREMENT 1. Purchase. Professional agrees to sell and City agrees to purchase the supplies, equipment, or materials as described in Exhibit A, appended hereto and by this reference incorporated herein, for the sum of set forth above. 2. Delivery. (FOB 130 South Galena Street, Aspen, Colorado 81611). 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid or Request for Proposals and said Contract Document are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. 5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Professional respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. PROFESSIONAL SERVICES 6. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit B attached hereto and by this reference incorporated herein. 7. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than May 30, 2015, with the installation and operation of all the equipment no later than May 30, 2015. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 8. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit C appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 9. Non-Assi nag bility. Both parties recognize that this Agreement is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities Agreement for Procurement and Professional Services Page 1 or obligations under this Agreement. Professional shall be and remain solely responsible to the City for the acts,errors,omissions or neglect of any subcontractors' officers, agents and employees,each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 10. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 11. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. 12. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 13. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers,and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's Agreement for Procurement and Professional Services Page 2 compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional,or at the option of the City,agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act,omission,or other fault of the City,its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act,omission,or other fault of the City, its officers,or employees. 14. Professional's Insurance. (a) Professional agrees to procure and maintain,at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration,or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-made policy,the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers' Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workers'Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. Agreement for Procurement and Professional Services Page 3 (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Professional's owned, hired and non- owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty(30)days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith,and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seg., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. Agreement for Procurement and Professional Services Page 4 15. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 16. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 17. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 18. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. 19. Waiver. The waiver by the City of any term,covenant,or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term.No term,covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term,covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term,covenant or condition,the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 20. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein,this Agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence)to execute the same. 16. Illegal Aliens—CRS 8-17.5-101 &24-76.5-101. (a) Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include Agreement for Procurement and Professional Services Page 5 certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. (b) Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Public Contract for Services" means this Agreement. "Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. (c) By signing this document, Professional certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that new employees are not employ illegal aliens. (d) Professional hereby confirms that: (i) Professional shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. (ii) Professional shall not enter into a contract with a subcontractor that fails to I onfirm to the Professional that the subcontractor shall not knowingly hire new employees without confirming their employment eligibility for employment in the United States under the Public Contract for Services. (iii) Professional has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Professional does not employ any new employees who are not eligible for employment in the United States; and if Professional has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Professional shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Professional shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Professional is accepted or the public contract for services has been completed, Agreement for Procurement and Professional Services Page 6 whichever is earlier. The requirements of this section shall not I be required or effective if the Federal Basic Pilot Program is discontinued. (iv) Professional shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. (v) If Professional obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with a new employee who is an illegal alien, Professional shall: (1) Notify such subcontractor and the City of Aspen within three days that.Professional has actual knowledge that the subcontractor has newly employed or contracted with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the new employee who is an illegal alien; except that Professional shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (vi) Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. (vii) If Professional violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. (ix) If Professional operates as a sole proprietor, Professional hereby swears or affirms under penalty of perjury that the Professional (1) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law, (2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall produce one of the forms of identification required by CRS 24-76.5-103 prior to the effective date of this Agreement. 21. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or Agreement for Procurement and Professional Services Page 7 bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover,the value of anything transferred or received by the Professional; and 4. Recover such value from the offending parties. 22. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 23. General Terms. (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof Agreement for Procurement and Professional Services Page 8 and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. IN WITNESS WHEREOF,the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date first written above. CITY OF ASPEN,COLORADO: P IOSSIONAL: jr [signature] D igna ] By: 5�-y�, e--''w!W ley: [Name] e Title: Date: � Date: Approved as to form: C' Attorney's Office JPW-2/26115-6568448-M:\city\purchasing\Templates\Procurement&Prof Serv\Procurement&Prof Serv.doc Agreement for Procurement and Professional Services Page 9 EXHIBIT B Scope of Work The goal of this project is to assist Customer with the following tasks: ■ Upgrade vSphere and physical hosts at the primary site • Deploy vSphere and Nimble storage at the disaster recovery(DR)site • Configure DMZ Networking • Configure disaster recovery networking for Layer 2 and Layer 3 • Deploy Site Recovery Manager to automate failover between primary and disaster recovery sites ■ Deploy Horizon View Standard at the primary site to support persistent and pooled desktops Lewan will perform the tasks under this SOW using a phased approach, with the tasks and deliverables associated with each phase as follows: PHASE 1 PROJECT KICKOFF MEETING As assigned, the Lewan Project Manager will lead a planning and preparation meeting with Customer contacts. During this meeting, Lewan will confirm Customer readiness and review the agenda points noted below. Suggested Customer participants are(based on applicability to project): • Project Owner/Sponsor ■ Main Technical POC ■ Project Manager(if applicable) The agenda for this meeting includes a review of the following: ■ Scope of the project in this SOW ■ Customer's existing architecture ■ Bill(s)of material(BOM(s)) ■ Project timelines,from start to completion, including critical project completion timing requirements ■ Customer processes(i.e.,change control, maintenance windows) ■ Customer expectations and key success factors(determined/verified during meeting) ■ Roles, responsibilities,and points of contact for Lewan and Customer(determined/verified during meeting) PHASE 2 PRIMARY SITE Tasks—DMZ Networking: ■ Configure existing Checkpoint firewall and Cisco core switch to support a DMZ VLAN for the existing DMZ network Tasks—vCenter Server: • Verify Windows OS requirements for vCenter 5.5 are met ■ Verify SQL Database requirements for vCenter 5.5 are met ■ Determine if an upgrade or reinstallation is a better path ■ Install vCenter Server ■ Install vCenter Single Sign On ■ Install vCenter Update Manager Agreement for Procurement and Professional Services Page 10 ■ Configure Datacenter and Clusters within vCenter ■ Import ESXi 5.5 upgrade image into Update Manager • Configure Update Manager Baselines Tasks—ESXi Hosts: ■ For each of 3 new physical hosts o Verify network cabling o Upgrade host firmware o Install VMware ESXi o Import host into vCenter o Apply latest ESXi patches o Apply ESXi licensing o Connect host to existing Nimble storage ■ Configure vSphere Distributed Switch o This includes configuration of the DMZ ULAN on the new ESXi hosts • Configure Host profiles ■ Migrate virtual machines from existing hosts to new hosts • Remove old hosts from vCenter PHASE 3 DISASTER RECOVERY SITE Tasks—Networking: • Configure new Cisco 3750 switch for Layer 3 routing and Layer 2 VLANs to support the site Tasks—Nimble Array: ■ Review design requirements for Nimble iSCSI storage environment ■ Confirm and/or complete physical installation and cabling per best practices • Initialize storage array and update firmware • Install and configure Nimble Protection Manager and MPIO on up to 3 iSCSI attached hosts ■ Perform volume creation, presentation to iSCSI attached hosts and verification of read/write access ■ Test high availability of storage controllers • Configure volume snapshots and protection policies ■ Configure auto support, heartbeat registration and email alerting ■ Register customer/system with Nimble InfoSight and demonstrate use ■ Configure replication with primary site array Tasks—vCenter Server: ■ Provision a Windows virtual machine as the vCenter server for the site ■ Verify Windows OS requirements for vCenter 5.5 are met • Verify SQL Database requirements for vCenter 5.5 are met ■ Install vCenter Server • Install vCenter Single Sign On ■ Install vCenter Update Manager ■ Configure Datacenter and Clusters within vCenter ■ Import ESXi 5.5 upgrade image into Update Manager ■ Configure Update Manager Baselines Tasks—ESXi Hosts: • For each of 3 repurposed physical hosts o Verify network cabling o Upgrade host firmware Agreement for Procurement and Professional Services Page i l o Install VMware ESXi o Import host into vCenter o Apply latest ESXi patches o Apply ESXi licensing o Connect host to new Nimble storage • Configure vSphere Distributed Switch o This includes configuration of the DMZ VLAN on the new ESXi hosts ■ Configure Host profiles PHASE 4 SITE RECOVERY MANAGER Tasks—Installation: • Provision Windows virtual machine at each site for the SRM Server ■ Install VMware SRM Server on each virtual machine ■ Register SRM Servers and vCenter Servers ■ Install Nimble SRA for SRM Tasks—Configuration: ■ Review design requirements for virtual machine recovery ■ Create a simple plan for recovery of up to two virtual machines o Test machines will be used for this plan • Demonstrate failover of the test virtual machines • Demonstrate fail-back process for the virtual machines ■ Configure a simple plan for up to 10 production virtual machines o This plan will be extensible for additional virtual machines o This plan will include the Horizon View Composer and internal Manager servers PHASE 5 HORIZON VIEW Tasks-Installation and configuration of Horizon View: ■ Review server and client system requirements • Review endpoint requirements and access methods • Prepare Active Directory for VMware View ■ Install VMware View Composer and associated database ■ Install two VMware View Manager servers • Install one VMware View Security server • Create and configure VMware View event database ■ Install View license • Create Active Directory GPO's for management of virtual machines • Demonstrate installation and configuration of VMware View client Tasks-Installation and configuration of VMware View Persona Management: ■ Review operating systems and Windows profile types being used • Install View Persona Management service in gold image ■ Create and configure file share for storing user profiles ■ Create OU for managing VMware View Persona Management users ■ Create and configure Group Policy objects for managing VMware View Persona Management ■ Configure any additional inclusion or exclusions for floating profiles Agreement for Procurement and Professional Services Page 12 ■ Verity functionality Tasks-Configure Master Desktop Image: ■ Configure desktop operating system optimizations to improve end-user performance and experience when delivering a Windows 8.1 image • Develop one Windows 8.1 image(s) consisting of configuration, patches, clients, security configuration, etc. based on Customer's current desktop standards o Image will contain the following applications: Internet Explorer, Adobe Reader, Mozilla Firefox, Oracle Java,Adobe Flash, Eden Financial, UltraVNC, Bomgar Jump,Google Chrome o Microsoft Office will not be installed in the desktop image ■ Demonstrate the process to create,capture,and deploy a"gold"image Tasks—PCoIP configuration and tuning: ■ Create and configure PCoIP policy(s)for network conditions and improved user experience Tasks-Configure Desktop pools: • Configure desktop pools and user entitlements to support the following use cases o Recreation Department Assigned • 5 Desktops o Recreation Department Pooled • 10 Desktops o Police Department Pooled ■ 15 Desktops o Telecommute Pooled ■ 10 Desktops o Tablet Pooled • 10 Desktops o Disaster Recovery Pooled • 5 Desktops(expandable) ■ Verify access to all pools • Demonstrate update of pool image PHASE 6 PROJECT CLOSEOUT Tasks: ■ Complete and deliver as built documents • Review the documentation with Customer • As appropriate, transition ongoing support to Customer and Lewan COR (Continuity Operations & Response) ■ Review Customer satisfaction and obtain feedback • Obtain Customer signoff on Project Completion Form(Appendix B) DELIVERABLES The deliverables of this project are the following: ■ VMware vSphere, Site Recover Manager,and Horizon View as described in this document ■ As built documentation for all systems installed or configured by Lewan Technology Agreement for Procurement and Professional Services Page 13 ■ Knowledge transfer via Customer engineers shadowing Lewan throughout the deployment NOTES AND PROJECT SPECIFIC ASSUMPTIONS ■ Customer will provide all hardware and software o Hardware is either existing, or included in the Bill of Materials (BOM) in Lewan quote#75114 rev 5 and Lewan quote#75092 rev 5 ■ The Lewan quote#75114 includes: • 3x Dell servers • 6x SFP+patch cords • 4x SFP+to X2 converters • The Lewan quote#75092 includes: • DR Site Nimble Storage CS215 Array • Explicitly hardware and licensing around DR site switching is not in the Lewan quotes o Software licensing is either existing, purchased outside of the BOM, or included in Lewan quote #76610 rev 7 ■ The Lewan quote#76610 includes: • VMware vSphere Enterprise Plus licensing • Microsoft Windows Server 2012 R2 Datacenter licensing • VMware Horizon View Standard licensing • VMware vSphere Enterprise Plus Upgrade licensing • VMware vCenter Server Standard Licensing ■ Explicitly licensing for Microsoft Virtual Desktop Access Subscriptions is not included in the Lewan quote ■ Profile Migration from current machines is outside of this project scope ■ Customer will provide a 2048bit SSL certificate from a well-known certificate authority ■ File server space for user documents, downloads, and other file data will be placed on existing customer provided file servers • Microsoft KMS licensing infrastructure and license keys will be in place to support Microsoft Windows and Office deployment • Customer is responsible for testing user applications in the View environment ■ Customer will have Microsoft licensing for the following: o Windows Server(included in HW/SW BOM) o Virtual Desktop Access(purchased outside of the HW/SW BOM) ■ Customer will be responsible for installing and testing the View client on users machines after we install and demonstrate access from 1 of each of the following:Windows 7,Windows embedded thin client,Apple iPad, Apple OSX,Android Tablet, ■ All virtual machine(s)will be setup on a VMware vSphere hypervisor platform • The use of VMware View Transfer Servers and configuration of offline VMware View images is outside of this project scope ■ The packaging and configuration of VMware ThinApp application virtualization packages is outside of this project scope ■ Redundancy and high availability of the VMware View components is outside of this project scope ■ Installation and configuration of VMware AppVolumes is outside of this project scope ■ Delivery of Voice-over-IP (VOIP) to the hosted virtual desktops on VMware View is outside of this project scope • VMware software PCOIP will be used for local LAN and remote users, hardware offload cards will not be used in the servers • The implementation will be integrated into Customer's current forest/domain • Customer will designate and utilize a single technical point of contact for issues and other matters that arise Agreement for Procurement and Professional Services Page 14 PROJECT MANAGEMENT As assigned,the Lewan Project Manager performs the following activities: ■ Tracking hardware and software shipments and deliveries • Development and maintenance of project schedules and plans ■ Coordination of weekly/daily status calls with the project team • Managing the development and updating of deliverables ■ Managing risks and issues ■ Performance or coordination of other project activities CUSTOMER RESPONSIBILITIES • Customer is responsible for the backup of all data and verification of those backups (i.e., the ability to fully restore and recover data)prior to commencement of this project. ■ Lewan requires access to Customer personnel for requirements gathering, scheduling, project status and materials review. • All servers, network devices, and other hardware must have power available, and ready network connectivity,including appropriate name resolution services. ■ Unless otherwise noted, Customer will perform all operating system activities and new installations/configurations with input from Lewan resources. Lewan will work with Customer'project team to conform to internal standards. ■ As required for the project,Customer will provide root/admin-level access and physical access to all servers, network devices,and other hardware involved for direct assistance from Lewan resources. ■ Unless otherwise noted, Customer will provide necessary media/access for software and patch installation, typically DVD-ROM and/or Internet. ■ Unless otherwise noted, Customer will provide support identifiers for contacting vendor support contracts, and/or provide someone to control and manage the dialog with the vendor support resources. ■ Unless otherwise noted,Customer will provide necessary licensing and related information/documentation to accomplish services. • Customer will provide a single point-of-contact for Lewan to coordinate with for this project. This person should have knowledge of the target systems, and decision-making authority or timely access to the necessary decision-making authority. ■ Customer will promptly coordinate and schedule system outages needed for all services. These events will be scheduled to avoid project delays while minimizing business and end user impact. ■ Customer will provide adequate work area for Lewan personnel, including electrical power, telephone access,and Internet access. Agreement for Procurement and Professional Services Page 15 EXHIBIT C Fee Schedule Professional Services $32,900 Consultant 132 hours @$200/hr $26,400 Project Manager 20 hours @175/hr $ 3,500 Travel Expenses* 15 days @$200/day $ 3,000 Nimble SAN $31,000 Server Hardware $30,330 Software $97,392 Total Contract Price $191,622 * Estimated travel expenses include expenses such as hotel,airfare,rental car,meals,etc. for out of town travel. Lewan will provide receipts for reimbursement. Agreement for Procurement and Professional Services Page 16