HomeMy WebLinkAboutC09-430 Lewan & Associates 2nd Amendment AgreementSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND LEWAN & ASSOCIATES, INC. THIS SECOND AMENDMENT ("Amendment") is made and entered into this ~ day of ~~ 2009, between Eagle County, by and through its Board of County Commissioners (hereinafter referred to as "County") and Lewan & Associates, Inc. (hereinafter referred to as "Consultant"). WHEREAS, County and Consultant entered into a Master Consulting Agreement dated May 18th, 2009 ("Master Agreement"); and WHEREAS, Consultant will continue to work for County and County shall continue to compensate Consultant for services that are properly invoiced for and are completed to the satisfaction of County; and WHEREAS, the County is now desirous of additional services and Consultant is willing to perform the same under the terms and conditions of the Master Agreement and this Amendment; and In consideration of the terms and conditions of the Master Agreement and this Amendment, the sufficiency of which is hereby acknowledged, County and Consultant agree that this Amendment shall add to those sections of the Master Agreement as follows: Exhibit A Exhibit "A", otherwise referred to as Consulting Services in the Master Agreement, shall be amended to include the document titled "Eagle County VMware vSphere Upgrade and Lab Manager Implementation" as attached to this Amendment hereto. County and Consultant agree that, except as expressly altered, modified and changed in this Amendment, all terms and provisions of the Master Agreement shall remain in full force and effect during the modified term, and hereby are ratified and confirmed in all respects as of the date hereof. If any conflict exists between the provisions of this Amendment and the Master Agreement, the provisions of this Amendment shall control. This Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. // REMAINDER OF PAGE lNTENTlONALLY LEFT BLANK // IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO By and Through its COUNTY MANAGER By: - a Keith Montag, County Manager LEWAN & ASSOCIATES, Inc. B}~: Name: d ' Title: - ' f V' a ~ ~/ Lewan Exhibit A Eagle County VMware vSphere Upgrade and Lab Manager Implementation Consulting Proposal and Statement of Work By Lewan Professional Services Steve Cluff -Sales Consultant Rudd Gates -Consulting Engineer Todd Johnson -Project Manager October 15, 2009 Introduction Eagle County (Customer) has requested that Lewan & Associates Professional Services team (LPS) provide consulting and support for implementation of VMware Lab Manager. This proposal and Statement of Work (SOW) provides for that assistance. Project Overview The goal of this engagement is to assist Customer with the following tasks: • Upgrade VMware VirtualCenter 2.5 to vCenter 4.0 (prerequisite for Lab Manager) • Upgrade VMware ESX 3.5 hosts to ESX 4.0 • Install and configure VMware Lab Manager • Import existing physical and virtual machines into Lab Manager environment Lewan and Associates will perform the tasks under this SOW using a phased approach: Phase 1 -Upgrade VI3 to vSphere and Install Lab Manager Phase 2 -Lab Manager Population and training Phase 3 -Project Closeout The tasks and deliverables associated with each phase are as follows: Phase 1 Upgrade VI3 to vSphere and Install Lab Manager Tasks -Upgrade VMware Virtual Infrastructure to VMware vSphere: • Upgrade VirtualCenter to version 4.0 • Upgrade existing ESX hosts to version 4.0 Tasks -Install VMware Lab Manager: • Deploy Windows Server 2003 virtual machine to host Lab Manager • Install, configure and license VMware Lab Manager 4.0 Phase 2 Lab Manager Population and Training Tasks -Import physical and virtual machines to Lab Manager: • Perform P2V of up to two (2) physical Windows Servers and import virtualized copies to Lab Manager • Perform import of up to two (2) virtual Windows Servers into Lab Manager environment • Verify Lab Manager deployment operations imported servers Tasks -Perform Lab Manager administration training: • Demonstrate the creation and use of workspaces, libraries and configurations • Demonstrate the management of users, groups and roles • Demonstrate the monitoring of Lab Manager resources • Review Lab Manager documentation and best practices with Customer Phase 3 Documentation and Project Closeout Tasks -Document failover procedures for VMware VI3 and LeftHand SAN • Document Lab Manager procedures • Complete and deliver post-installation configuration document(s) • Review the document(s) with Customer • Obtain Customer signoff on Project Completion Form (Appendix B) Scope Provide VMware Lab Manager implementation and training services consisting of: Lewan & Associates -1- • Up to 3 days onsite delivery by a VMware Authorized Consultant • Upgrade Virtual Infrastructure 3 to vSphere 4 • Install and configure VMware Lab Manager • Build out a Lab Manager workspace using systems imported from Customer's production environment, and review usage and administration with Customer • Project management oversight for these services Deliverables The deliverables of this engagement are the following: • Operational VMware vSphere and VMware Lab Manager environment • As-Built documentation and Lab Manager product manuals and training materials 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 & Associates requires access to Customer personnel for requirements gathering, scheduling, project status and materials review. • All servers must have power available, and ready network connectivity, including appropriate name resolution services. • Customer will perform all operating system activities and new installations/configurations with input from Lewan resources. Lewan & Associates will work with Customer project team to conform to internal standards. • Provide root/admin-level access to all servers involved for direct assistance from Lewan resources. • Provide necessary hardware for patch installation, typically DVD-ROM and Internet. • Provide physical access to the systems involved. • Provide support identifiers for contacting vendor support contracts, and/or provide someone to control and manage the dialog with the vendor support resources. • Install all OS, application and database software and patches according to project plan NOTE: Lewan will work closely with Customer personnel on all software installations. • Provide necessary license information/documentation to accomplish installation. • Provide single point-of-contact for Lewan to coordinate with for this engagement. This person should have knowledge of the target systems, and the authority or timely access to the necessary decision- making authority. • Promptly coordinate and schedule system outages, which are needed for hardware installation, patch installation, and testing, etc. These events will be scheduled to avoid project delays, while minimizing user impact. • Provide adequate work area for Lewan personnel, including electrical power, telephone access, and either Internet access or analog telephone line for the electronic retrieval of patches, etc. Lewan & Associates - 2 - Project Costs We will use the appropriate blend of systems engineers to deliver this engagement. All terms and conditions in this proposal are valid for 30 days from the date of this proposal, unless extended in writing by Lewan & Associates. Fixed cost for LPS consulting services during normal business hours: $6,000 • Billing for this project will take place via monthly progress payments based on percentage complete (based on calendar month). Additional notes: • Any work performed outside of the scope of this SOW will be billed at rates negotiated separately. • Product related to the services in this SOW will be invoiced upon receipt by Customer. • A one-way trip charge will be billed to Customer at the hourly rate for the SE or project manager. All travel time will be assessed from the Lewan office at 1400 S. Colorado Boulevard, Denver CO 80222 to the Customer location. Standard rates will apply to business-hours travel, and over-time and double-time rates will apply as noted below. There is a minimum 15-minute trip charge. These trip charges are included in the fixed fee or estimated costs stated in this SOW. • Travel expenses for this SOW such as hotel, airfare, rental car, meals, etc. for out of town travel will be billed separately as incurred. • Any engineering hours performed outside of normal Lewan business hours (Monday through Friday, 8AM to 5PM) will be billed at the overtime and/or double time rate(s) outlined in Customer's Lewan Pricing Agreement. If the Customer has no Lewan Pricing Agreement, double the hourly rate is used for Sunday and Holiday work and time-and-one-half the hourly rate is used for other off-hours support. • This SOW does not include any formal classroom-based training. Any time spent training Customer will be billed at a separately negotiated rate or outlined in Customer's Lewan Pricing Agreement. Project Timeline All dates unless agreed upon in advance are subject to change. A minimum of a two-week notice may be required to schedule resources. Customer's requested project start date: October 23, 2009 Project Management /Personnel Sales Consultant -Steve Cluff Consulting Engineer-Rudd Gates Project Manager -Todd Johnson Call Center -All calls and requests for paging personnel for service/support should be placed to the Technical Services Call Center at 888-LEWAN88 (888-539-2688). The call center hours are Monday through Friday, 8:OOam - 5:OOpm (excluding company holidays). A message can be left outside the normal hours of operation and will be returned the next business day. Considerations When working in, maintaining or resolving issues in an existing IT environment, there is always the risk of data loss due to the failure of equipment or software. Lewan & Associates will do everything feasible to prevent any loss of data, as well as make effort to avoid system failure or downtime. Lewan & Associates cannot be held liable or accountable for the loss of data or cost of reconstruction should they occur during the course of this agreement. We recommend that customers create, verify, and maintain backup copies of all data prior to services being rendered. Lewan & Associates - 3 - Lewan & Associates is rendering services in an advisory and service capacity. Lewan personnel strictly adhere to the licensing terms and conditions of all manufacturers' license agreements. Our responsibilities for installing software and hardware, and for product warranties, are limited to the manufacturer's specifications and terms. Technology advances have created an environment where many manufacturers as well as vendors do not have the opportunity to test every possible combination of hardware and software. Lewan & Associates has established key vendor relationships with hardware and software vendors to ensure the highest level of technical support in order to resolve complex issues. Lewan Systems Engineers will utilize all levels of technical support to ensure that services are performed effectively and efficiently. Our Systems Engineers will provide ongoing communications with the customer regarding unresolved or complex issues and additional time that may be required to resolve them. Lewan will provide no charge warranty support via telephone ore-mail for services performed by us for thirty (30) days after each SOW has been completed. This support is limited to problem determination and resolution related exclusively to workmanship issues performed by Lewan and does not include training, technical skills transfer, or application support, unless otherwise agreed to within the SOW. Requests for on-site support or remote access will be provided with cone-hour minimum, unless otherwise defined within the SOW. Statement of Work Changes and / or Additions Lewan offers a wide variety of consulting and engineering services. We will partner with your Company to help you meet every business objective possible. Please make us aware of any changes and/or additions to this SOW or to your business needs. At the Customer's request, all SOW changes and/or additions will be made in writing prior to engineers performed said services. In an effort to provide you with the most complete solutions, Lewan Engineers will make Customer aware if any of the following occur: Engineer(s) find SOW and/or scope changes Engineer(s) become aware of any "best practices" technical information which Customer should be informed of (i.e. upgrades, patches, recommended practices) Upon identification of any of the above scenarios, Customer and Lewan will agree on the course of action. Lewan & Associates will then proceed to generate a new SOW or a Scope Change Document as appropriate. Lewan & Associates - 4 -