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HomeMy WebLinkAbout2013-174 IT - EPlus for IT Support Anzalyst $14,000 � T eePlus Technology 13595 Dulles Technology Drive,Herndon,VA 20171 Statement of Work 20441 SOW Orange -IT SUPPORT ANALYST II for Orange County PO Number: CUSTOMER CONTACT: Jim Northrup PHONE: 919-245-2276 Date: April 30,2013 Version: 1.0 02010 ePlus Technology,inc. 1 11/01/10 1.0 Introduction 1.1 This Statement of Work("SOW") is made this 30`h day of April, 2013, ("Effective Date")pursuant to the Customer Master Agreement dated April 8`h, 2011 (hereinafter referred to as "Agreement") by and between Orange County, NC ("Customer") and ePlus Technology, inc. ("ePlus") (or also referred to individually as "party" or collectively as "parties"), the parties hereto hereby agree to the performance of the Service(s)described below. 1.2 This SOW shall define the scope of the project's Services and the Deliverables that ePlus shall provide to Customer. The terms of this SOW are limited to the scope of this SOW and shall not be applicable to any other SOWs which may be executed between the parties. The terms and conditions of this SOW prevail regardless of any conflicting terms on a purchase order, other correspondence and any and all verbal communications. This SOW may be modified only by means of a duly executed written amendment. Neither the terms of any purchase order,invoice,or other instrument documenting a payment or transaction that is issued by either party in connection with this SOW,nor any other act,document, usage, custom,or course of dealing shall modify the terms of this SOW. 1.3 This document contains Customer-specific requirements related to the Customer's procurement of certain services ("Products"/"Services" or "Work") from ePlus. All information included in this SOW is considered confidential, and should be used in accordance with the confidentiality provisions of the Agreement. The sole authority to commence any Services hereunder by ePlus or to obligate payment by Customer shall be this written SOW executed by both parties hereto. ePlus reserves the right to accept or reject any purchase order,as necessary. 2.0 Project Overview and Task 2.1 PROJECT DEFINITIONS: 2.1.1 "Customer Site(s)" or "Site(s)" - the physical site(s) designated by the Customer (other than ePlus sites)where the Services may be performed. 2.1.2 "Deliverable"-all deliverables,documentation,whether in hard copy or electronic form, such as analyses, reports,manuals, test results, or any other item other than Product provided by ePlus to the Customer pursuant to the terms of this SOW. 2.1.3 "Implementation" - the activities specified in this SOW such as project management, design review,configuring,staging,installation,and testing performed by ePlus. 2.1.4 "Installation"-the physical activity required to place a Product into a Customer Site. 2.1.5 "Milestone"-a specific goal,objective or event pertaining to Services described under the terms of this SOW. 2.1.6 "Normal Business Hours" - the hours of Monday through Friday 8:00am to 5:00pm local time, excluding any ePlus observed holidays. A list of ePlus observed holidays will be provided upon request. 2.1.7 "Product(s)" means third-party hardware and/or software in connection with which Services are being provided herein. 2.1.8 "Project Plan"-a plan documenting all aspects of the Services. 2.1.9 "Professional Services" or "Services" -the services provided by ePlus and/or its subcontractor to Customer under this SOW. 2.1.10 "Staging"-the assembly and software loading of Product prior to Installation at Customer Site. 2.2 PROJECT SCOPE: 2.2.1 The purpose and major scope of this project is to provide an on-site IT Support Analyst 1111 to work under the direction of Orange County for a period of approximately two months,320 hours. 2.2.2 ePlus and/or its subcontractor shall provide these Services at the following Customer Sites: Orange County Government Offices located at 131 W.Margaret Lane, Hillsborough,NC 27278 3`d.Floor ©2010 ePlus Technology,inc. 2 11/01/10 2.3 Services will include:Provide an on-site IT Support Analyst II • All activities will be strictly based on customer instruction/direction only • An 8 hour minimum applies for all support requests/calls • All activities will be strictly based on customer instruction/direction only • No deliverables are included as part of the engagement 2.4 Deliverables: 2.2.3.1 ePlus and/or its subcontractor shall provide the following Deliverables: • No deliverables are included as j2art of the engagement 3.0 Responsibilities of 3.1 Resource Responsibilities: During the course of this project,the ePlus resource(s)will require the support of Customer staff and computing resources in order to complete the effort. If the required Customer resources cannot be made available,the scope of the work,the work schedule,or both may be affected. In connection with the Services performed by ePlus for this SOW,Customer agrees to the following requirements: 3.1.1 A work area suitable for the tasks to be performed and any required software and/or documentation necessary to complete this project. 3.1.2 For any hardware or software procured directly by Customer not specifically identified in this Section 3.0, Customer agrees to provide such hardware, software, support documentation, and instructions when required. 3.1.3 Arrange for acceptance of all equipment, included in this Section 3.0, to the Customer's premises. Customer agrees to provide a secure storage location for all equipment delivered to the premises until scheduled for Installation by ePlus. 3.1.4 Provide contact personnel to escort the engineer through the facility. 3.1.5 Provide access during the work hours required for this project(during Normal Business Hours). 3.1.6 Customer will provide ePlus with the current network topology. 3.1.7 Customer will provide electrical power outlet(s) to support the requirements of the installed network equipment. 3.2 System Responsibilities: • Customer is responsible for providing all software and associated licenses. • If the project is extended beyond timeline described in Section 5 "Period of Performance" below, and/or continuous on-site support is requested by the Customer after project is completed,then the cost for this service will be negotiated and paid for by the Customer. • Unless otherwise agreed to by the parties, Customer shall respond within two (2) business days of ePlus'request for documentation or information needed for the project. • Customer shall ensure that contracts with its own vendors and third parties are fully executed and reflect the correct terms to enable Customer's business requirements to be met in full. In addition, Customer shall be responsible for all payments to,and the work performance of,all non-ePlus entities assigned to, or working on this project. • ePlus will not be held responsible for data loss. Backups should be performed prior to work starting. All data is the responsibility of the Customer. • ePlus will not be held responsible for delays or failures to perform related to the customized, configured or specialized software needing modification by the manufacturer. • ePlus shall not be responsible for support and maintenance of Products. • Unless otherwise specified in this SOW, ePlus shall not be responsible for any customization of, or labor to install software(except pre-installed IOS). • Services do not include resolution of software or hardware problems resulting from third party equipment or services or problems beyond ePlus' control. • Services do not cover non-ePlus software installed on any Product. • Services exclude any hardware upgrade required to run new or updated software. 4.0 Assumptions 02010 ePlus Technology,inc. 3 11/01/10 4.1 The following assumptions together with those detailed elsewhere were made to create this SOW. Should any of these assumptions prove to be incorrect or incomplete then ePlus may modify the price, scope of work or Milestones. Any such modifications shall be managed by the Change Management Procedure set forth in Section 8.0. 4.1.1 Where applicable,Customer's Site shall be ready prior to the date scheduled for ePlus to perform the Services. Costs associated with Customer's failure to (1) make the Customer Site ready (as determined by ePlus); or(2) meet any of the other responsibilities specified in this SOW shall be billed at ePlus' then-current time and materials rates plus travel and other related expenses. Any additional costs incurred by Customer as a result of delays shall be the sole responsibility of the Customer. 4.1.2 Unless specified otherwise in this SOW,Services shall be performed during Normal Business Hours. Customer may be responsible for any additional labor costs associated with Services performed outside Normal Business Hours which are above and beyond the scope of this SOW. 4.1.3 This SOW defines exclusively the scope of the Services that ePlus shall provide to the Customer. This SOW shall not apply to any purchase,support or maintenance of the Product,the terms of which will be governed by the Agreement. 4.1.4 In the event ePlus is required to provide third party materials under this SOW(i.e.cables,racks,etc.), Customer shall be responsible for any costs,maintenance and/or warranty obligations therein. 4.1.5 Any acceptance tests conducted in respect of the Services detailed in this SOW shall apply only to the Services detailed herein and shall not constitute acceptance or rejection of any Product purchased or licensed separately by Customer. 4.1.6 ePlus shall have a lead-time of up to 30 days from acceptance of Customer's purchase order to begin Services. 4.1.7 ePlus will require a schedule extension of up to 30 days for any personnel change requests made by Customer. 5.0 Period of Performance 5,1 The project timeline estimate for the planning and execution of Services is beginning estimated to start within thirty(30)days from the Effective Date for a duration approximately sixty(60)days after start. If Services have not been scheduled at the execution of this SOW,a timeline should be developed mutually by both parties and agreed to prior to the commencement of each Services phase. The actual start date will depend on the following considerations: a) Scheduled availability of a qualified systems engineer. b) Receipt of Product and any necessary equipment. c) Receipt of signed SOW from Customer prior to proposed start date. d) Receipt of purchase order from customer. 5.2 Either party may terminate the SOW for any reason on thirty (30) days prior written notice to the other party. Upon any such termination,ePlus will be paid all fees and expenses which have been incurred or earned in connection with the performance of the Services through the effective date of such termination. Additionally,in the event Customer cancels any Services with less than two(2)weeks prior notice,Customer shall reimburse ePlus for any non-refundable expenses incurred in preparation for such cancelled Services. sl __Accej�tance of Milestones or Services Upon ePlus'completion of a Milestone or Service ePlus shall notify Customer of completion of a specific Milestone or Service performed by providing one of the following forms of acceptance: (02010 ePlus Technology,ine. 4 11/01/10 • signed work order or time sheet; • Milestone/Service Completion Certificate("MCC"),a sample of which is provided in Appendix A);or • Project completion document. Customer has five (5) working days from the receipt of the MCC to schedule appropriate personnel to review the particular Milestone or Services performed and sign the MCC. Signing of the MCC, or Customer's failure to respond to the MCC within the designated five (5) working day period, signifies Customer's acceptance of the Milestone and that Services have been performed as described in the MCC and in accordance with the SOW. In order to refuse acceptance of the Services performed,Customer must provide ePlus with full details that show that Services do not conform to the SOW. ePlus shall address such non-conformance in a timely manner. ePlus shall compile an action plan to correct any deficiencies and the process for acceptance detailed herein shall be repeated until such time as all deficiencies have been resolved and the Services meet the requirements of the SOW. Acceptance may not be withheld due to defects in Services that do not represent a material non-conformance with the requirements of the SOW. 7.0 Pricing 7.1 For the Services performed under this SOW, the Customer agrees to pay ePlus a fee of Forty-Five US Dollars, ($45.00) for each hour worked by the IT Support Analyst 11. Overtime rate for hours worked over Forty (40)in a workweek is: $67.50 per hour. Estimated cost for 320 hours(2 months):$14,400.00 excluding any overtime • Customer shall issue a Purchase Order adequate to cover the Fee prior to commencement of Services. Fees for such additional services related to but not defined in this SOW will be performed on a time and materials basis at a rate set forth in a written amendment,as mutually executed by the Customer and ePlus. • Customer will be asked to sign a work order,timesheet or email acknowledgement for the hours performed by ePlus. • Service hours are billed at$45.00/hr for each hour of service provided.$67.50 for overtime hours • All on-site work is billed at eight hour(8)minimum Hiring subcontractors by Customer: In the event that Customer desires and ePlus agrees,via a written change order signed by both Parties,that Customer may hire a non-ePlus employee(Candidate),the following fee structure applies(where full time billing is defined as at least 40 hours per week): if Candidate is hired by Customer within 1-30 days offull time billing, the Customer will pay ePlus a fee of 20%of the annual salary; if Candidate is hired by Customer within 31-90 days offull time billing, the Customer will pay ePlus a fee of 15%of the annual salary; if Candidate is hired by Customer within 91-180 days offull time billing,the Customer will pay ePlus a fee of 10%of the annual salary; if Candidate is hired after 180 days offull time billing, then there is no fee. 7.2 Customer acknowledges that ePlus may participate in and retain the benefit of incentive plans or other programs with,among others,its travel providers wherein ePlus may receive benefits,such as frequent flier miles or other consideration for corporate travel volume. All fees,expenses and other charges for the Services do not include any sales, use, excise, value added, or other applicable taxes, tariffs or duties, payment that may be due on such amounts, and shall be the sole responsibility of Customer (excluding any applicable taxes based on ePlus' net ©2010 ePlus Technology,inc. 5 11/01/10 income or taxes arising from the employment or independent contractor relationship between ePlus and its personnel). ' 1 Change Management Procedures 8.1. In recognition of the likelihood that the fundamental nature of the work to be accomplished under this Agreement may involve changes from time to time, the Parties hereby agree that a mutually agreeable written direction("Change Request"),may become pertinent, and the Parties may make changes in any one or more of the following items: 8.1.1 The scope,descriptions or specifications for the Services,or other documents to be furnished; 8.1.2 The times or places of performance or delivery of the Services,or other documents to be provided; 8.1.1 Customer's changes to the Project Plan; 8.1.3 Unavailability of resources which are beyond ePlus' control;and/or, 8.1.4 Environmental or architectural conditions not previously identified. 8.2 In the event either party desires to change this SOW,the following procedures shall apply: 8.2.1 The party requesting the change will deliver a"Change Request"(attached as Appendix B)to the other party. The Change Request will describe the nature of the change,the reason for the change, and the effect the change will have on the scope of work, which may include changes to the Deliverables and/or the schedule. 8.2.2 The Project Manager of the requesting party will review the proposed change with his/her counterpart. The parties will evaluate the Change Request and negotiate in good faith the changes to the Services and the additional charges, if any, required to implement the Change Request. If both parties agree to implement the Change Request,the appropriate authorized representatives of the parties will sign the Change Request,indicating the acceptance of the changes by the parties. 8.2.3 Upon execution of the Change Request,said Change Request will be incorporated into,and made a part of,this SOW. 8.2.4 Neither ePlus nor its subcontractor(s)is under any obligation to proceed with the Change Request until such time as the Change Request has been agreed upon by both parties. 8.3 If any permitted change causes an increase or decrease in the price of the applicable SOW, or the time required for the performance of any part of the work to be accomplished there under, whether or not such work is specifically identified in a Change Request,then the price,delivery schedules and other affected provision,if any,as applicable, shall be equitably adjusted and the Parties shall executed a Change Request to the SOW as follows: (i) the Party requesting the change will deliver a Change Request(attached as Appendix B hereto) to the other Party. The Change Request will describe the nature of the change,the reason for the change,and the effect the change will have on the scope of work, which may include changes to the Deliverables and/or the schedule; (ii) a Change Request may be initiated by either Party. The project manager for the requesting Party will review the proposed change with his/her counterpart. The Parties will evaluate the Change Request and negotiated in good faith the changes to the Services and the additional charges, if any, required to implement the Change Request. If both Parties agree to implement the Change Request, the appropriate authorized representatives of the Parties will sign the Change Request, indicating the acceptance of the changes by both Parties; (iii) upon execution of the Change Request, said Change Request will be incorporated into, and made a part of, the SOW; (iv) neither ePlus nor its subcontractor(s)is under any obligation to proceed with the Change Request until such time as the Change Request has been signed by both Parties. ePlus and Customer personnel assigned to the project shall use reasonable efforts to negotiate any proposed changes under this clause in a fair and reasonable manner. In the event that they are unable to reach mutual agreement after good faith negotiations on the additional charges for one or more such changes,then the matter shall be referred to the appropriate senior executive of each Party for appropriate resolution. 8.4 Whenever there is a conflict between the provisions set forth in a fully executed Change Request and those set forth in the original SOW, or previous fully executed Change Request, the provisions of the most recent fully executed Change Request shall prevail. 02010 ePlus Technology,inc. 6 11/01/10 9.0 SOW Approval This 20441 SOW ORANGE-IT SUPPORT I1 consists of this document and the following Appendices which are incorporated into this SOW by this reference: Appendix A—Milestone/Service Completion Certificate Appendix B—Change Request This 20441 SOW ORANGE-IT SUPPORT ANALYST II is acceptable. Each party hereby acknowledges and confirms that it has read this SOW and accepts and approves the scope of work and terms and conditions. Each party understands that should additional work be required that by its nature could not have been known or determined at the time this SOW was executed,a mutually agreeable written change order describing the additional work and any related expenses will be required. This SOW must be signed and returned before work can begin. Please sign and FAX to Greg Stitt at(919)767-2985. IN WITNESS WHEREOF, the duly authorized representatives of the parties hereto have caused this SOW to be duly executed. ePlus Technology ' [Customer] By: By: _ Name: Name: Title. a, Title: Date: / /�,3 Date: This instrument has been pre-audited in the manner required by the Local Government - a Budget and Fist Cod of Act Clarence G.Grier,Assistant Co. Manager& CFO 02010 ePlus Technology,inc. 7 11/01/10 APPENDIX A MILESTONE/SERVICE COMPLETION CERTIFICATE Pursuant to the above referenced Statement of Work ("SOW") #24441 between ePlus Technology, inc. and ("Customer"), Customer hereby certifies, by the signature of an authorized representative,that the Milestone/Service described below has been completed in a satisfactory manner on the date indicated below and in accordance with the terms of the SOW: Milestone/Service Date Customer Purchase Order Number: ePlus Sales Order Number: SOW/Project ID Number: Dollar Amount of Services Completed: Dollar Amount of T&E: Project Complete(Yes/No): Submitted by: Acknowledged and Agreed: ePlus Technology,' [Customer] By: By: Name: Name: Title: r `..Lv _ Title: Date: �' 3 Date: 02010 ePlus Technology,inc. 8 11/01/10 APPENDIX B CHANGE REQUEST In reference to the Section titled Change Management Procedures of the above referenced Statement of Work ("SOW") #20441 between ePlus Technology, inc. and ("Customer"), both parties hereby certify,by the signature of an authorized representative, that this Change Management Request will amend and be fully incorporated into the existing SOW. 1. Change Request Number: 2. Reason for Change Request: 3. Changes to SOW: 4. Schedule Impact: 5. Cost Impact: SOW/Change Request Services T&E Total a. Original Value of SOW $0.00 $0.00 $0.00 b. Value of Change Request No._ $0.00 $0.00 $0.00 C. New Value of SOW: $0.00 $0.00 $0.00 6. Purchase Order Issuance(if applicable):Customer shall issue a written Purchase Order to ePlus,or shall issue an amendment to its original Purchase Order issued under this SOW,for the total amount of$0.00. Except as changed herein,all terms and conditions of the 20441 SOW ORANGE-IT SUPPORT ANALYST II remain in full force and effect. IN WITNESS WHEREOF, the duly authorized representatives of the parties hereto have caused this Change Management Request to be fully executed. ePlus Te olo ,i [CUSTOMER] By: By: Name: n? Name: Title: Title: Date: S 3�� % 3 Date: ©2010 ePlus Technology,inc. 9 11/01/10