22
'-. STATE OF CONNECTICUT BOARD OF TRUSTEES OF COMMUNITY-TECHNICAL COLLEGES 61 Woodland Street, Hartford, CT 06105 ACCOUNTS PAYABLE PERSONAL SERVICES AGREEMENT for purchase.ofservices from ve'-'dorcompany or non-employeeindividual 1. PREPARE TWO COPIES. 2. THE STATE AGENCY AND THE CONTRACTOR AS LISTED BELOW HEREBY ENTER INTO AN AGREEMENT SUBJECT TO THE TERMS AND CONDITIONS STATED HEREIN AND/OR ATTACHED HERETO AND SUBJECT TO THE PROVISIONS OF SECTION 4-98 OF THE CONNECTICUT GENERAL STATUTES AS APPLICABLE FOR INTERNAL USE ONLY An individual entering into a Personal Service Agreement with the State of Connecticut is contracting under a "work-for-hire" arrangement. As such, the individual is an independent contractor, and does not satisfy the characteristics of an employee under the common law rules for determining the employer/employee relationship of Internal Revenue Code Section 3121 (d) (2). Individuals performing services as independent contractors are not employees of the State of Connecticut and are responsible themselves for payment of all State and local income taxes, federal income taxes and Federal Insurance Contribution Act (FICA) taxes. (34) STATUTORY AUTHORITY ACCEPTANCESAND APPROVALS CONTRACTORSIGNATURE (OWNER'(RAuTH ALSO TYPE OR PRINT FULL NAME TYPE OR PRINT FULL TITLE C.G.S. 4a-52a, 10a-151b DATE SIGNED Karen Rosenberger AGENCY SIGNATURE (AUTH9>RfZED ALSO TYPE OR PRINT FUI,I[,;!fI\i Chief Financial Officer TYPE OR PRINT FULL TITLE Page 1 Contract continues on Page 2 Director of Budget and Finance ASSOC. '"rTY. GtW:HA DISTRIBUTION: I 0 ORIGINAL 0 AMENDMENT IDENTIFICATIONNO. o>c, rve>' n DCLV" M",U'"' ,nc DVU'v. '''L VV"' "'MV' '" "V, , vv"' ""'V v", , v. 08-85 CONTRACTORNAME ARE YOU PRESENTLY 0 YES .0 NO CONTRACTOR DynTek Services, Inc. A STATE EMPLOYEE? CONTRACTORADDRESS CONTRACTORFEIN / SSN - SUFFIX 12 Metro Park Road, Albanv, NY 12205 13-4067484 STATE AGENCY NAMEAND ADDRESS - AGENCY NO. CONTRACTING Board of Trustees of Community-Technical Colleges AGENCY 61 Woodland Street, Hartford, CT 06105 CCC78100 CONTRACT DATE (FROM) THROUGH (TO) rNDICATE PERIOD 4/1/08 I 3/31/13 0 MASTERAGREEMENT D CONTRACT AWARD NO. 0 NEITHER THIS AGREEMENTSHALL REMAIN IN FULL FORCE AND EFFECTFORTHE ENTIRETERM OF THE CONTRACT REQUIRED NO. OF DAYS CANCELLATION PERIODSTATEDABOVE UNLESSCANCELLED BY EITHERPARTY, BY GIVINGTHE NUMBER OF DAYS' WRITTENNOTICE WRITTEN NOTICE CLAUSE INDICATEDAT RIGHT, DELIVEREDPERSONALLY OR BY CERTIFIEDOR REGISTEREDMAIL,TO THE FOLLOWINGADDRESSES: 30 AND STATE: CONTRACTOR: DELIVERYOF Board of Trustees of Community-Technical Colleges DynTek Services, Inc. NOTICE 61 Woodland Street, Hartford, CT 06105 12 Metro Park Road, Albany, NY 12205 Attention: Robert J. Christie Attention: Steven Pranis CONTRACTORAGREESTO: COMPLETE DESCRIPTION Provide the services as outlined in Section 1, Description of Services, which continues on page 2 of this contract, OF SERVICE in accordance with all terms and conditions of the contract outlined in Section 3, Other Terms and Conditions. PAYMENTTO BE MADE UNDERTHE FOLLOWINGSCHEDULEUPON RECEIPTOF PROPERLYEXECUTEDAND APPROVEDINVOICES. COSTAND SCHEDULEOF State Contracting Agency agrees to make payment in the amount(s) and in accordance with the schedule contained PAYMENTS in Section 2, Cost and Schedule of Payments, beginning on page 2 of this contract. Total contract is not to exceed $5,000,000.00 CONTRACTORSHOULDADDRESS ALL CONTRACT AND PAYMENTQUESTIONSTO THE AGENCY BUSINESSOFFICEAT: CONTACT Robert J. Christie, 860-244-7620 NAMES AND CONTRACTORSHOULDADDRESSALL QUESTIONS REGARDINGTHE SCOPEOR PERFORMANCEOF SERVICESTOTHE RESPONSIBLEDEPARTMENTAT: TELEPHONE Meg Niewinski, 860-244-7684 AGENCYSHOULDADDRESSALL CONTRACTAND PAYMENTQUESTIONSTO THE CONTRACTORAT: Steven Pranis, 518-207-3400 AGENCY SHOULDADDRESSALL QUESTIONS REGARDINGTHE SCOPE OR PERFORMANCEOF SERVICESTO THE RESPONSIBLEDEPARTMENTAT: Steven Pranis, 518-207-3400 EXPENSE CODING FISCALYR(s) AMOUNT NOTES Banner Fund Code: Banner Org Code: Banner Account Code: Banner Program Code:

-. STATE OF CONNECTICUT PERSONAL SERVICES ... it...Proj ect Management $254,820.00 Yearly Installation and Configuration $150.00 Hourly Installation and Configuration $5,580.00 Weekly

  • Upload
    others

  • View
    1

  • Download
    0

Embed Size (px)

Citation preview

Page 1: -. STATE OF CONNECTICUT PERSONAL SERVICES ... it...Proj ect Management $254,820.00 Yearly Installation and Configuration $150.00 Hourly Installation and Configuration $5,580.00 Weekly

'-.STATE OF CONNECTICUT

BOARD OF TRUSTEES OF

COMMUNITY-TECHNICAL COLLEGES

61 Woodland Street, Hartford, CT 06105ACCOUNTS PAYABLE

PERSONAL SERVICES AGREEMENTfor purchase.ofservices from ve'-'dorcompanyor non-employeeindividual

1. PREPARE TWO COPIES.

2. THE STATE AGENCY AND THE CONTRACTOR AS LISTED BELOW HEREBY ENTER INTO AN AGREEMENT

SUBJECT TO THE TERMS AND CONDITIONS STATED HEREIN AND/OR ATTACHED HERETO AND SUBJECT TO

THE PROVISIONS OF SECTION 4-98 OF THE CONNECTICUT GENERAL STATUTES AS APPLICABLE

FOR INTERNAL USE ONLY

An individual entering into a Personal Service Agreement with the State of Connecticut is contracting under a "work-for-hire" arrangement. As such, the individual is

an independent contractor, and does not satisfy the characteristics of an employee under the common law rules for determining the employer/employee relationship

of Internal Revenue Code Section 3121 (d) (2). Individuals performing services as independent contractors are not employees of the State of Connecticut and areresponsible themselves for payment of all State and local income taxes, federal income taxes and Federal Insurance Contribution Act (FICA) taxes.

(34)STATUTORY AUTHORITYACCEPTANCESAND APPROVALS

CONTRACTORSIGNATURE (OWNER'(RAuTHALSO TYPE OR PRINT FULLNAME

TYPE OR PRINT FULL TITLE

C.G.S. 4a-52a, 10a-151bDATE SIGNED

Karen RosenbergerAGENCY SIGNATURE (AUTH9>RfZED

ALSO TYPE OR PRINT FUI,I[,;!fI\i

Chief Financial OfficerTYPE OR PRINT FULL TITLE

Page 1Contract continues on Page 2

Director of Budget and Finance

ASSOC. '"rTY. GtW:HA

DISTRIBUTION:

I

0 ORIGINAL 0 AMENDMENTIDENTIFICATIONNO.

o>c, rve>' n DCLV" M",U'"' ,nc DVU' v. '''L VV"' "'MV' '" "V, , vv"' ""'V v", , v. 08-85

CONTRACTORNAME ARE YOU PRESENTLY 0 YES .0 NOCONTRACTOR DynTek Services, Inc.

A STATEEMPLOYEE?

CONTRACTORADDRESS CONTRACTORFEIN/ SSN -SUFFIX

12 Metro Park Road, Albanv, NY 12205 13-4067484

STATE AGENCY NAMEAND ADDRESS - AGENCY NO.

CONTRACTING Board of Trustees of Community-Technical CollegesAGENCY

61 Woodland Street, Hartford, CT 06105 CCC78100

CONTRACT DATE (FROM) THROUGH (TO)

rNDICATEPERIOD 4/1/08 I 3/31/130 MASTERAGREEMENT D CONTRACT AWARD NO. 0 NEITHER

THIS AGREEMENTSHALLREMAIN IN FULL FORCE AND EFFECTFORTHE ENTIRETERM OF THE CONTRACT REQUIRED NO. OF DAYS

CANCELLATION PERIODSTATEDABOVE UNLESSCANCELLED BY EITHERPARTY, BYGIVINGTHE NUMBER OFDAYS' WRITTENNOTICE WRITTEN NOTICE

CLAUSE INDICATEDAT RIGHT,DELIVEREDPERSONALLYOR BY CERTIFIEDOR REGISTEREDMAIL,TOTHE FOLLOWINGADDRESSES: 30

AND STATE: CONTRACTOR:

DELIVERYOF Board of Trustees of Community-Technical Colleges DynTek Services, Inc.NOTICE 61 Woodland Street, Hartford, CT 06105 12 Metro Park Road, Albany, NY 12205

Attention: Robert J. Christie Attention: Steven Pranis

CONTRACTORAGREESTO:

COMPLETE

DESCRIPTION Provide the services as outlined in Section 1, Description of Services, which continues on page 2 of this contract,

OF SERVICE in accordance with all terms and conditions of the contract outlined in Section 3, Other Terms and Conditions.

PAYMENTTO BEMADE UNDERTHE FOLLOWINGSCHEDULEUPON RECEIPTOF PROPERLYEXECUTEDAND APPROVEDINVOICES.

COSTAND

SCHEDULEOF State Contracting Agency agrees to make payment in the amount(s) and in accordance with the schedule contained

PAYMENTS in Section 2, Cost and Schedule of Payments, beginning on page 2 of this contract.

Total contract is not to exceed $5,000,000.00

CONTRACTORSHOULDADDRESSALL CONTRACTAND PAYMENTQUESTIONSTO THE AGENCY BUSINESSOFFICEAT:

CONTACT Robert J. Christie, 860-244-7620

NAMES AND CONTRACTORSHOULDADDRESSALL QUESTIONS REGARDINGTHE SCOPEOR PERFORMANCEOF SERVICESTOTHE RESPONSIBLEDEPARTMENTAT:

TELEPHONE Meg Niewinski, 860-244-7684

AGENCYSHOULDADDRESSALL CONTRACTAND PAYMENTQUESTIONSTOTHE CONTRACTORAT:

Steven Pranis, 518-207-3400

AGENCYSHOULDADDRESSALL QUESTIONS REGARDINGTHE SCOPEOR PERFORMANCEOFSERVICESTO THE RESPONSIBLEDEPARTMENTAT:

Steven Pranis, 518-207-3400

EXPENSE CODING FISCALYR(s) AMOUNT NOTES

Banner Fund Code:

Banner Org Code:Banner Account Code:

Banner Program Code:

Page 2: -. STATE OF CONNECTICUT PERSONAL SERVICES ... it...Proj ect Management $254,820.00 Yearly Installation and Configuration $150.00 Hourly Installation and Configuration $5,580.00 Weekly

SECTION 1 -DESCRIPTION OF SERVICES

A. DynTek Services, Inc. ("Contractor") agrees to provide to the System Office of the Board ofTrustees of Community-Technical Colleges and each of the twelve Connecticut CommunityColleges (collectively "CCC" or "State"), on a non-exclusive basis, various informationtechnology products and services as described below. Prices are guaranteed through March31,2009.

2

Manufacturer Product % Discount Off List Maintenance % DiscountOff List

3ComVoice Products 5 5

Embedded Firewalls 10 5Network Switches 25 5

Checkpoint 50 5Cisco 35 30Citrix 45 5

Computer Associates 10 5EMC 25 5HP

PCs and Mobiles 2 5Printers 2 5

Workstations 5 5Blade Servers 5 5

Integrity Servers 10 5

Enterprise Servers 20 5

Business Class Storage 5 5

Enterprise Storage 20 5Proliant Servers 5 5

Procurve Networking 20 5Software 10 5

McAfee 22 5Nokia

IP45s and IP60s 25 5

Entry Level Appliances 25 5

Other Appliances 30 5Software 15 5

Packeteer 15 5Symantec

AV and Desktop SW 5 5Enterprise SW 10 5

Appliances 10 5Tipping Point 8 0VMWare 15 2Websense 20 5

Page 3: -. STATE OF CONNECTICUT PERSONAL SERVICES ... it...Proj ect Management $254,820.00 Yearly Installation and Configuration $150.00 Hourly Installation and Configuration $5,580.00 Weekly

B. Services to be provided include, but are not limited to, the following:

1. Advanced Engineering - The development of complex products and systems or thedevelopment of solutions for complex business problems and needs.

2. Project Management - Planning, organizing and managing the HR and technicalresources of a specific project. This includes, but is not limited to timelines, budget,resource allocation and definition of deliverables.

3. Product Management - The development of a specific hardware or software product toaddress a business problem, and the management and evolution of that product as itmatures, and as business needs change.

4. Installation and Configuration - Placement of a specific product and assessment andmanagement of the features of that product to provide the highest utilization possible forthat product.

3

Service Rate PeriodAdvanced Engineering $175.00 HourlyAdvanced Engineering $6,510.00 WeeklyAdvanced Engineering $24,217.00 MonthlyAdvanced Engineering $270,264.00 YearlyProject Management $165.00 HourlyProject Management $6,138.00 WeeklyProject Management $22,833.00 MonthlyProject Management $254,820.00 YearlyInstallation and Configuration $150.00 HourlyInstallation and Configuration $5,580.00 WeeklyInstallation and Configuration $20,758.00 MonthlyInstallation and Configuration $231,655.00 YearlyOn-going Management of $160.00 HourlyProduct

On-going Management of $5,952.00 WeeklyProduct

On-going Management of $22,141.00 MonthlyProduct

On-going Management of $247,098.00 YearlyProductTechnician $135.00 HourlyTechnician $5,022.00 WeeklyTechnician $18,682.00 MonthlyTechnician $208,489.00 YearlyConsultant $165.00 HourlyConsultant $6,138.00 WeeklyConsultant $22,833.00 MonthlyConsultant $254,820.00 YearlyTraining $1,200.00 DailyTraining $5,580.00 WeeklyOther Positions

Page 4: -. STATE OF CONNECTICUT PERSONAL SERVICES ... it...Proj ect Management $254,820.00 Yearly Installation and Configuration $150.00 Hourly Installation and Configuration $5,580.00 Weekly

C. Maximum hourly rates, description of responsibilities, experience and certifications. Theseare maximum rates; actual rates will vary depending on length and scope of engagement.

1. Sr. Proiect Manager - $l75/HR

Responsible for the overall management of enterprise size projects including the logistics~schedules, responsibilities and coordination. Experience includes multiple significantprojects with numerous locations, vendors and implementation teams. Usually more thanfive years experience in enterprise environments. Holds formal Project ManagementCertification; Project Management Professional (pMP) or Certified Associate in ProjectManagement (CAPM).

2. Proiect Manager - $l65/HR

Responsible for the overall management of Small to Medium size projects including thelogistics, schedules, responsibilities and coordination or portions of enterprise projects undera Sr. Project Manager. Experience includes projects with few locations, vendors andimplementation teams that may extend a long period of time. Actively pursuing formalProject Management Certification.

3. SR.Consultant- $l75/HR

Well versed in a wide variety of technologies and customers including government,education, health and private sector enterprise organizations. Responsible for supportingclients in developing strategic technology solutions to solve business and organizationalneeds. May at times assist a team of consultants or engineers in the deployment of emergingor sophisticated technologies. Usually more than five years experience in enterpriseenvironments. Maintains a complex technology certification such as a Cisco CertifiedInternetwork Engineer (CCIE) or multiple advanced certifications; Cisco Certified NetworkProfessional (CCNP), Cisco Certified Design Professional (CCDP), Microsoft CertifiedSystems Engineer (MCSE), Master Certified Novell Engineer (CNE), Hewlett Packard (HP)Storage Area Network (SAN) Architect. Also, all Security certifications fall under thisexample including Global Information Assurance Certification (GIAC), Certified InformationSystems Security Professional (CISSP), GIAC Certified Windows Security Administrator(GCWN), Check Point Certified Security Expert (CCSE) and Symantec Certified SecurityEngineer (SCSE).

4. Consultant- $l65/HR

Well versed in a few technologies and customer verticals which may include government,education, health or private sector enterprise organizations. Responsible for supportingclients in developing specialized strategic technology solutions to solve business andorganizational needs. May at times assist a team of engineers in the deployment ofspecialized technologies. Maintains multiple advanced certifications in various technologies;Cisco Certified Network Professional (CCNP), Cisco Certified Design Professional (CCDP),Microsoft Certified Systems Engineer (MCSE), Master Certified Novell Engineer (CNE),Hewlett Packard (HP) Storage Area Network (SAN) Architect. Citrix Certified IntegrationArchitect (CCIA) also falls under this category.

4

Page 5: -. STATE OF CONNECTICUT PERSONAL SERVICES ... it...Proj ect Management $254,820.00 Yearly Installation and Configuration $150.00 Hourly Installation and Configuration $5,580.00 Weekly

5. Sr. Engineer - $175/HR

Well versed in the deployment of a wide variety of technologies and customers. Responsiblefor the onsite deployment and technical leadership of the project team in the absence of aConsultant. Able to assist in the design process when it involves specific technologies withinthe Sr. Engineers specialization. Usually more than five years experience in enterpriseenvironments. Holds multiple specializations but not maintain an advance certification.Examples include Hewlett Packard (HP) Accredited Platform Specialist (APS), CiscoCertified Network Associate (CCNA), 3Com Specialist, Wireless FE or SE, IP TelephonySystems Engineer I or 2, IP Telephony Specialist. All Database Administrator (DBA)Engineers fall under this category.

6. Engineer - $165/HR

Well versed in the deployment of a few technologies and customers. Responsible for theonsite deployment of small implementations. Able to work independently or as a projectteam member. Usually specializes in small to medium deployments or as a member ofaproject team lead by a senior member. May maintain one specialization or certification but isnot required at this level. Actively pursuing lower and mid-level certifications. Examplesinclude Hewlett Packard (HP) Accredited Platform Specialist (APS), Cisco Certified NetworkAssociate (CCNA), 3Com Specialist, Wireless SE, IP Telephony Systems Engineer 2.

7. Technician- $135/HR

Responsible for performing tasks associated with introduction to networking technologies.Often these tasks are associated with personal computer or printer configurations, possiblyphysically installing rack mounted network equipment or cable management. Usually lessthan three years experience in information technology. Actively pursuing lower levelcertifications or specializations.

D. Contractor agrees any new products or products replacing those priced in this contract shallbe made available to CCC at the same discount currently available to CCC for similar orreplaced products. Updated product and price lists shall be e-mailedmonthly to thedesignated person at the System Office and at each of the twelve colleges. Contractor shallalso provide a web address where lists of all current products and prices may be viewed atany time.

E. Contractor shall not charge CCC for shipping:

I. on software orders; or2. on any order of more than $2,500 sent to one location.

F. In rendering services under this contract, Contractor shall conform to high professionalstandards of work and business ethic. Contractor warrants that the services shall beperformed:

I. in a professional and workmanlike manner; and2. in accordance with generally and currently accepted principles and practices.

5

Page 6: -. STATE OF CONNECTICUT PERSONAL SERVICES ... it...Proj ect Management $254,820.00 Yearly Installation and Configuration $150.00 Hourly Installation and Configuration $5,580.00 Weekly

During the term, Contractor agrees to provide to the State Contracting Agency in a good andfaithful manner, using its best efforts and in a manner that shall promote the interests of saidagency, such services as the agency requests, provided in the Description of Services sectionof this contract.

G. Contractor agrees this agreement shall be extended to participating members of theConnecticut Colleges Purchasing Group (CCPG), a buying consortium in whichrepresentatives of public and private colleges share purchasing contracts.

H. Whistleblowing. This Agreement is subject to the provisions of § 4-6ldd of the ConnecticutGeneral Statutes. In accordance with this statute, if an officer, employee or appointingauthority of the Contractor takes or threatens to take any personnel action against anyemployee of the Contractor in retaliation for such employee's disclosure of information to anyemployee of the Contracting state or quasi-public agency or the Auditors of Public Accountsor the Attorney General under the provisions of subsection (a) of such statute, the Contractorshall be liable for a civil penalty of not more than five thousand dollars for each offense, up toa maximum of twenty per cent of the value ofthis Agreement.

Each violation shall be a separate and distinct offense and in the case of a continuingviolation, each calendar day's continuance of the violation shall be deemed to be a separateand distinct offense. The State may request that the Attorney General bring a civil action inthe Superior Court for the Judicial District of Hartford to seek imposition and recovery ofsuch civil penalty. In accordance with subsection (f) of such statute, each large stateContractor, as defined in the statute, shall post a notice of the provisions of the statute relatingto large state Contractors in a conspicuous place which is readily available for viewing by theemployees ofthe Contractor.

SECTION 2 - COST AND SCHEDULE OF PAYMENTS

A. State Liabilitv.

The State of Connecticut, the Board of Trustees of Community-Technical Colleges and the StateContracting Agency ("State" or "College") shall assume no liability for payment for services under thetenns of this contract until the contract is fully executed by the State Contracting Agency, the Contractor,and if applicable, by the Attorney General of the State of Connecticut.

B. Total Contract Not to Exceed.

The COLLEGE shall pay the CONTRACTOR a total sum not to exceed $5,000,000.00 for products andservices delivered under this agreement.

C. Invoicing and Payment

(a) The Contractor shall submit an invoice:

1. along with any and all products delivered to State;2. within 30 days of completion of services provided.

(b) Invoices shall, at a nnmmum, include the Contractor name, the Purchase Order Number, theContractor's Federal Employer Identification Number, the billing period, and an itemization of expensesinvoiced. The State of Connecticut does not pay taxes, therefore Contractor invoices should not reflect theinclusion of any taxes on services or work performed under this contract.

(c) Payment shall be made by the College to the Contractor within 30 days after receipt of properlyexecuted and approved invoices.

6

Page 7: -. STATE OF CONNECTICUT PERSONAL SERVICES ... it...Proj ect Management $254,820.00 Yearly Installation and Configuration $150.00 Hourly Installation and Configuration $5,580.00 Weekly

SECTION 3 -OTHER TERMS AND CONDITIONS

A. Entire Agreement

This contract embodies the entire agreement between the State Contracting Agency (hereinafter "State" or "Contracting Agency") andContractor, each named on Page I, on the matters specifically addressed herein. The parties shall not be bound by or be liable for anystatement, representation, promise, inducement, or understanding of any kind or nature not set forth herein. This contract shallsupersede all prior written agreernents between the parties and their predecessors. No changes, amendments, or modifications ofthecontract shall be valid unless reduced to writing, signed by both parties, and where applicable, approved by the Attorney General orhis Designee. This contract shall inure to the benefit of each party's heirs, successors, and assigns.

B. NondisclosureContractor shall not release any information concerning the services provided pursuant to the contract or any part thereof to anymember of the public, press, business entity or any official body unless prior written consent is obtained from the State.

C. Confidentialitv

All data provided to Contractor by the State or developed internally by Contractor with regard to the State will be treated asproprietary to the State and confidential unless the State agrees in writing to the contrary. Contractor agrees to forever hold inconfidence all files, records, documents, or other information as designated, whether prepared by the State or others, which may comeinto Contractor's possession during the term of this agreement, except where disclosure of such information by Contractor is requiredby other governmental authority to ensure compliance with laws, rules, or regulations, and such disclosure will be limited to thatactually so required. Where such disclosure is required, Contractor will provide advance notice to the State of the need for thedisclosure and will not disclose absent consent .!Tomthe State.

D. Promotion

Unless specifically authorized in writing by the State, Contractor shall have no right to use, and shall not use, the name of the State ofConnecticut, or of the Board of Trustees of Community-Technical Colleges, or of any Connecticut Community College, or theirrespective officials, agencies, or employees or the seal of the State of Connecticut or its agencies (I) in any advertising, publicity,promotion; or (2) to express or to imply any endorsement of Contractor's products or services; or (3) to use the name of the State ofConnecticut, its officials, agencies, or employees or the seal or logo of the State of Connecticut or its agencies in any other manner,except only to manufacture and deliver in accordance with this contract such items as are hereby contracted for by the State. In noevent may the Contractor use the State Seal in any way without the express written consent of the Secretary of State.

E. Oualitv Surveillance. Examination of Records and Inspection of WorkAll services performed by Contractor shall be subject to the inspection and approval of the State at all times, and Contractor shallfurnish all information concerning the services. The State or its representatives shall have the right at reasonable hours to examine anybooks, records, and other documents of, and to monitor or evaluate the work being performed by, Contractor or its subcontractorspertaining to work performed under this contract and Contractor shall allow such representatives .!Teeaccess to any and all such books,records and worksite. The State will give the Contractor at least twenty-four (24) hours notice of such intended examination orinspection, which shall be performed in such a manner as will not unduly disrupt or delay Contractor's work. At the State's request,the Contractor shall provide the State with hard copies of or magnetic disk or tape containing any data or information in the possessionor control of the Contractor which pertains to the State's business under this contract. The Contractor shall retain and maintainaccurate records and documents relating to performance of services under this contract for a minimum of three (3) years after the finalpayment by the State and shall make them available for inspection and audit by the State.

F. Independent Contractor

Contractor represents that it is fully experienced and properly qualified to perform the services provided for herein, and that it isproperly Jicensed, equipped, organized, and financed to perform such services. If appJicable, at the State's request Contractor shalldeliver copies of any and all current licensees) and registration(s) relating to the services to be performed under this contract, asevidence that such are in full force and" effect. Contractor shall act as an independent Contractor in performing this contract,maintaining complete control over its employees and all of its subcontractors. Contractor shall furnish fully qualified personnel toperform the services under this contract. Contractor shall perform all services in accordance with its methods, subject to compliancewith this contract and all applicable laws and regulations. It is acknowledged that services rendered by the Contractor to the Statehereunder do not in any way conflict with other contractual commitments with or by the Contractor.

G. Labor and Personnel

At all times, Contractor shall utilize approved, qualified personnel necessary to perform the services under this contract. Contractoragrees not to subcontract any of the services to be provided under this contract without the prior written permission of the State.Contractor shall advise the State promptly, in writing, of any labor dispute or" anticipated labor dispute or other labor relatedoccurrence known to Contractor involving Contractor's employees or subcontractors which may reasonably be expected to affectContractor's performance of services under this contract. The State may then, at its option, ask Contractor to arrange for a temporaryemployee(s) or subcontractor(s) satisfactory to the State to provide the services otherwise performable by Contractor hereunder. TheContractor will be responsible to the State for any economic detriment caused the State by such subcontract arrangement.

Contractor shall, if requested to do so by the State, reassign .!Tomthe State's account any employee or authorized representatives whomthe State, in its sole discretion, determines is incompetent, dishonest, or uncooperative. In requesting the reassignment of an employeeunder this paragraph, the State shall give ten (10) days notice to Contractor of the State's desire for such reassignment. Contractor willthen have five (5) days to investigate the situation and attempt, if it so desires, to satisfy the State that the employee should not bereassigned; however, the State's decision in its sole discretion after such five (5) day period shall be final. Should the State still desirereassignment, then five days thereafter, or ten (10) days .!Tomthe date of the notice of reassignment, the employee shall be reassigned.!Tom the State's account.

7

Page 8: -. STATE OF CONNECTICUT PERSONAL SERVICES ... it...Proj ect Management $254,820.00 Yearly Installation and Configuration $150.00 Hourly Installation and Configuration $5,580.00 Weekly

H. Non-Discrimination

(a)(l) For the purposes of this Paragraph H, "minority business enterprise" means any small Contractor or supplier of materials fifty-one percent or more of the capital stock, if any, or assets of which is owned by a person or persons: (i) who are active in the dailyaffairs of the enterprise, (ii) who have the power to direct the management and policies of the enterprise, and (iii) who are members ofa minority, as such term is defined in subsection (a) of Conn. Gen. Stat. Sec. 32-9n; and "good faith" means that degree of diligencewhich a reasonab1e person would exercise in the performance of legal duties and obligations. "Good faith efforts" shall include, butnot be limited to, those reasonable initial efforts necessary to comply with statutory or regulatory requirements and additional orsubstituted efforts when it is determined that such initial efforts will not be sufficient to comply with such requirements.

(a)(2) For purposes of this Paragraph H, "Commission" means the Commission on Human Rights and Opportunities.

(a)(3) For purposes of this Paragraph H, "public works contract" means any agreement between any individual, firm or corporationand the State or any political subdivision of the State other than a municipality for construction, rehabilitation, conversion, extension,demolition or repair of a public building, highway or other changes or improvements in real property, or which is financed in whole orin part by the State, including, but not limited to, matching expenditures, grants, loans, insurance or guarantees.

(b)(1) The Contractor agrees and warrants that in the performance of the contract such Contractor will not discriminate or permitdiscrimination against any person or group of persons on the grounds of race, color, religious creed, age, marital status, nationalorigin, ancestry, sex, mental retardation or physical disability, including, but not limited to, blindness, unless it is shown by suchContractor that such disability prevents performance of the work involved, in any manner prohibited by the laws of the United Statesor of the State of Connecticut. The Contractor further agrees to take affirmative action to insure that applicants with job-relatedqualifications are employed and that employees are treated when employed without regard to their race, color, religious creed, age,marital status, national origin, ancestry, sex, mental retardation, or physical disability, including, but not limited to, blindness, unless itis shown by the Contractor that such disability prevents performance of the work involved;

(b )(2) The Contractor agrees, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, to state thatit is an "affirmative action-equal opportunity employer" in accordance with regulations adopted by the Commission;

(b)(3) The Contractor agrees to provide each labor union or representative of workers with which the Contractor has a collectivebargaining agreement or other contract or understanding and each vendor with which the Contractor has a contract or understanding, anotice to be provided by the Commission, advising the labor union or worker's representative of the Contractor's commitments underthis section and to post copies of the notice in conspicuous places available to employees and applicants for employment;

(b)( 4) The Contractor agrees to comply with each provision of this Section and Conn. Gen. Stat. Secs. 46a-68e and 46a-68f arid witheach regulation or relevant order issued by said Commission pursuant to Conn. Gen. Stat. Sec. 46a-56, as amended by Section 5 ofPublic Act 89-253, Conn. Gen. Stat. Sec. 46a-68e and Conn. Gen. Stat. Sec. 46a-68f;

(b)(5) The Contractor agrees to provide the Commission on Human Rights and Opportunities with such information requested by theCommission, and permit access to pertinent books, records and accounts, concerning the employment practices and procedures of theContractor as relate to the provisions of this Section and Conn. Gen. Stat. Sec. 46a-56. If the contract is a public works contract, theContractor agrees and warrants that it will make good faith efforts to employ minority business enterprises as subcontractors andsuppliers of materials on such public works projects.

(c) Determination of the Contractor's good faith efforts shall include, but shall not be limited to, the following factors: TheContractor's employment and subcontracting policies, patterns and practices; affirmative advertising, recruitment and training;technica1 assistance activities and such other reasonable activities or efforts as the Commission may prescribe that are designed toensure the participation of minority business enterprises in public works projects.

(d) The Contractor shall develop and maintain adequate documentation, in a manner prescribed by the Commission, of its good faithefforts.

(e) The Contractor shall include the provisions of subsections (b)(l-5) of this Paragraph B in every subcontract or purchase orderentered into in order to fu1fill any obligation of a contract with the State and such provisions shall be binding on a subcontractor,vendor or manufacturer unless exempted by regulations or orders of the Commission. The Contractor shall take such action withrespect to any such subcontract or purchase order as the Commission may direct as a means of enforcing such provisions includingsanctions for noncompliance in accordance with Conn. Gen. Stat. Sec. 46a-56, as amended by Section 5 of Public Act 89-253;provided if such Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of suchdirection by the Commission, the Contractor may request the State of Connecticut to enter into any such litigation or negotiation priorthereto to protect the interests of the State and the State may so enter.

(f) The Contractor agrees to comply with the regulations referred to in this Paragraph B as they exist on the date of this agreement andas they may be adopted or amended from time to time during the term of this agreement and any amendments thereto.

(g) The Contractor agrees to the following provisions: The Contractor agrees and warrants that in the performance of the agreementsuch Contractor will not discriminate or permit discrimination against any person or group of persons on the grounds of sexualorientation, in any manner prohibited by the laws of the United States or the State of Connecticut, and the employees are treated whenemployed without regard to their sexual orientation; the Contractor agrees to provide each labor union or representative of workerswith which such Contractor has a collective bargaining Agreement or other contract or understanding and each vendor with whichsuch Contractor has a contract or understanding, a notice to be provided by the Commission on Human Rights and Opportunitiesadvising the labor union or workers' representative of the Contractor's commitments under this section, and to post copies of the notice

8

Page 9: -. STATE OF CONNECTICUT PERSONAL SERVICES ... it...Proj ect Management $254,820.00 Yearly Installation and Configuration $150.00 Hourly Installation and Configuration $5,580.00 Weekly

in conspicuous places available to employees and applicants for employment; the Contractor agrees to comply with each provision ofthis section and with each regulation or relevant order issued by said Commission pursuant to Conn. Gen. Stat. Sec. 46a-S6; theContractor agrees to provide the Commission on Human Rights and Opportunities with such information requested by theCommission, and permit access to pertinent books, records and accounts, concerning the employment practices and procedures of theContractor which relate to the provisions of this Section and Conn. Gen. Stat. Sec. 46a-S6.

(h) The Contractor shan include the provisions of the foregoing paragraph in every subcontract or purchase order entered into in orderto fulfin any obligation of a contract with the State and such provisions shan be binding on a subcontractor, vendor or manufacturerunless exempted by regulations or orders of the Commission. The Contractor shan take such action with respect to any suchsubcontract or purchase order as the Commission may direct as a means of enforcing such provisions including sanctions fornoncompliance in accordance with Conn. Gen. Stat. Sec. 46a-S6; provided, if such Contractor becomes involved in, or is threatenedwith, litigation with a subcontractor or vendor as a result of such direction by the Commission, the Contractor may request the State ofConnecticut to enter into any such litigation or negotiation prior thereto to protect the interests of the State and State may so enter.

I. Americans with Disabilities Act

This clause applies to those Contractors which are or will become responsible for compliance with the terms of the Americans withDisabilities Act of 1990 during the term of the contract. Contractor represents that it is familiar with the terms of this Act and that it isin compliance with the law. Failure of the Contractor to satisfy this standard either now or during the term of the contract as it may beamended will render the contract voidable at the option of the State upon notice to the Contractor. Contractor warrants that it will holdthe State harmless from any liability which may be imposed upon the State as a result of any failure of the Contractor to be incompliance with this Act.

J. Executive Orders

(a) Executive Order No.3: Nondiscrimination. This contract is subject to the provisions of Executive Order No. Three of GovemorThomas J. Meskill promulgated June 16, 1971, and, as such, this contract may be canceled, terminated or suspended by the StateLabor Commissioner for violation of or noncompliance with said Executive Order No. Three, or any State or federal law concerningnondiscrimination, notwithstanding that the Labor Commissioner is not a party to this agreement. The parties to this contract, as partof the consideration hereof, agree that said Executive Order No. Three is incorporated herein by reference and made a part hereof.The parties agree to abide by said Executive Order and agree that the State Labor Commissioner shall have continuing jurisdiction inrespect to contract performance in regard to nondiscrimination until the agreement is completed or terminated prior to compJetion.The Contractor agrees, as part consideration hereof, that this contract is subject to the Guidelines and Rules issued by the State LaborCommissioner to implement Executive Order No. Three, and that it will not discriminate in its employment practices or policies, willfile all reports as required, and will fully cooperate with the State of Connecticut and the State Labor Commissioner.

(b) Executive Order No. 17: Connecticut State Emvlovrnent Service Listings. This contract is subject to the provisions of ExecutiveOrder No. Seventeen of Governor Thomas J. Meskill promulgated February IS, 1973, and, as such, this contract may be canceled,terminated or suspended by the Contracting Agency or the State Labor Commissioner for violation of or noncompliance with saidExecutive Order No. Seventeen, notwithstanding that the Labor Commissioner may not be party to this Agreement. The parties to thiscontract, as part of the consideration hereof, agree that Executive Order No. Seventeen is incorporated herein by reference and made apart hereof. The parties agree to abide by said Executive Order and agree that the Contracting Agency and the State LaborCommissioner shall have joint and several continuing jurisdiction in respect to contract performance in regard to listing allemployment openings with the Connecticut State Employment Service.

(c) Executive Order No. 16: Violence in the Workvlace Prevention Policv. This contract is subject to the provisions of ExecutiveOrder No. Sixteen of Governor John G. Rowland promulgated August 4, 1999 and, as such, the contract may be canceled, terminatedor suspended by the State for violation of or noncompliance with said Executive Order No. Sixteen. The parties to this contract, aspart of the consideration hereof, agree: (I) The Contractor shall prohibit employees from bringing into the state work site, except asmay be required as a condition of employment, any weapon or dangerous instrument as defined herein. (2) "Weapon" means anyfirearm, including a BB gun, whether loaded or unloaded, any knife (excluding a small pen or pocket knife), including a switchbladeor other knife having an automatic spring release device, a stiletto, any police baton or nightstick or any martial arts weapon orelectronic defense weapon. "Dangerous instrument" means any instrument, article, or substance that, under the circumstances, iscapable of causing death or serious physical injury. (3) The Contractor shall prohibit employees from attempting to use, or threaten touse, any such weapon or dangerous instrument in the state work site and employees shall be prohibited from causing, or threatening tocause, physical injury or death to any individual in the state work site. (4) The Contractor shall adopt the above prohibitions as workrules, violations of which shall subject the employee to disciplinary action up to and including discharge. The Contractor shall insureand require that all employees are aware of such work rules. (S) The Contractor further agrees that any subcontract it enters into inthe furtherance of work to be performed under this contract, shall contain provisions (I) through (4) of this section.

Cd) Executive Order No. 7C: Integritv in State Contracting. This contract is subject to the provisions of Executive Order No. 7C ofGovernor M. Jodi Rell, promulgated on July 13, 2006 and, as such, this contract may be canceled, terminated or suspended by theState for violation of or noncompliance with said Executive Order No. 7C. The parties to this contract, as part of the considerationhereof, agree: (1) The State Contracting Standards Board ("Board") may review this contract and recommend to the State ContractingAgency, termination of this contract for cause. The State Contracting Agency shall consider the recommendations and act as requiredor permitted in accordance with the contract and applicable law. The Board shall provide the results of its review, together with itsrecommendations, to the State Contracting Agency and any other affected party in accordance with the notice provisions in thecontract no later than fifteen (IS) days after the Board finalizes its recommendation. For the purpose of this sub-section, "for cause"means a violation of the State Ethics Code (Connecticut General Statutes Chapter 10) or section 4a-IOO of the general statutes, orwanton or reckless disregard of any state contracting and procurement process by any person substantially involved in this Contract orState Contracting Agency. (2) For purpose of the section, "contract" shall not include real property transactions involving less than a

9

Page 10: -. STATE OF CONNECTICUT PERSONAL SERVICES ... it...Proj ect Management $254,820.00 Yearly Installation and Configuration $150.00 Hourly Installation and Configuration $5,580.00 Weekly

fee simple interest or financial assistance comprised of state or federal funds, the form of which may include but is not limited togrants, loans, loan guarantees, and participation interests in loans, equity investments and tax credit programs. Notwithstanding theforegoing, the Board shall not have any authority to recommend the termination of a contract for the sale or purchase of a fee simpleinterest in real estate following transfer of title. (3) Notwithstanding the contract value listed in Connecticut General Statutes (C.G.S.)sections 4-250 and 4-252, and section 8 of Executive Order No. I, all state contracts between state agencies and private entities with a

value of $50,000 (fifty thousand dollars) or more in a calendar or fiscal year shall comply with the gift affidavit requirements of saidsections and section 8 of Executive Order No. I. For purposes of this section, the term "certification" shall include the campaigncontribution and annual gift affidavits required by section 8 of Executive Order No. I.

K. Laws and Regulations

(a) This contract, and any and all disputes arising out of or in connection therewith, shall in all respects be governed by the laws of theState of Connecticut. .

(b) Contractor, its employees and representatives shall at all times comply with all applicable laws, ordinances, statutes, rules,regulations, and orders of governmental authorities, including those having jurisdiction over its registration and licensing to performservices under this contract.

(c) The Contractor agrees that the sole and exclusive means for the presentation of any claims against the State, the Board of Trusteesof Community-Technical Colleges, or any Connecticut Community College, arising from this contract shall be in accordance withChapter 53 of the Connecticut General Statutes (Claims Against the State) and the Contractor further agrees not to initiate legalproceedings in any state or federal court in addition to, or in lieu of, said Chapter 53 proceedings.

L. Indenmification

Contractor hereby agrees to indenmify, defend and hold harmless the State, its agencies, its officers, and its employees from andagainst any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, monetary loss, interest,attorney's fees, costs and expenses of whatsoever kind or nature arising out of the performance ofthis contract, in any manner directlyor indirectly caused, occasioned or contributed to in whole or in part, by reason of any act, omission, fault, willful misconduct ornegligence of Contractor or its employees, agents or subcontractors.

M. Insurance

The Contractor agrees that while performing services specified in this contract that it shall carry sufficient insurance (liability and/orother) as applicable according to the nature of the service(s) to be performed so as to "save harmless" the State of Connecticut fromany insurable cause whatsoever. If requested, certificates of such insurance shall be provided to the contracting state agency.

N. Non-Waiver

None of the conditions of this contract shall be considered waived by the State or the Contractor unless given in writing. No suchwaiver shall be a waiver of any past or future default, breach, or modification of any of the conditions of this agreement unlessexpressly stipulated in such waiver. In no event shall the making by the State of any payment to the Contractor constitute or beconstrued as a waiver by the State of any breach of covenant, or any default which may then exist, on the part of the Contractor andthe making of any such payment by the State while any such breach or default exists shall in no way impair or prejudice any right orremedy available to the State in respect to such breach or default.

O. Subooenas

In the event the Contractor's records are subpoenaed pursuant to Conn. Gen. Stat. Section 36a-43, the Contractor shall, within twenty-four (24) hours of service of the subpoena, notif'y the person designated for the State on page one of this agreement to receive contractquestions, of such subpoena. Within thirty-six (36) hours of service, the Contractor shall send a written notice of the subpoenatogether with a copy of the same to the person so designated for the State on page one of this agreement.

P. Survival

The rights and obligations of the parties which by their nature survive termination or completion of the contract, including but notlimited to those set forth herein in sections relating to Indenmity, Nondisclosure, Promotion, and Confidentiality, shall remain in fullforce and effect.

O. Sovereign Immunitv

Notwithstanding any provisions to the contrary contained in this contract, it is agreed and understood that the State of Connecticutshall not be construed to have waived any rights or defenses of sovereign immunity which it may have with respect to all mattersarising out of this contract.

R. Third Parties

The State shall not be obligated or liable hereunder to any party other than the Contractor.

S. Assignment

This contract shall not be assigned by either party without the express prior written consent of the other.

T. Severabilitv

If any part or parts of this contract shall be held to be void or unenforceable, such part or parts shall be treated as severable, leavingvalid the remainder of this contract notwithstanding the part or parts found to be void or unenforceable.

10

Page 11: -. STATE OF CONNECTICUT PERSONAL SERVICES ... it...Proj ect Management $254,820.00 Yearly Installation and Configuration $150.00 Hourly Installation and Configuration $5,580.00 Weekly

U. HeadingsThe titles of the several sections, subsections, and paragraphs set forth in this contract are inserted for convenience of reference onlyand shall be disregarded in construing or interpreting any of the provisions of this agreement.

V. SEEC

For all state contracts as defined in P.A. 07-1 as having a value in a calendar year of $50,000 or more or a combination or series ofsuch agreements or contracts having a value of $100,000 or more, the authorized signatory to this agreement expressly acknowledgesreceipt of the State Election Enforcement Commission's notice advising state contractors of state campaign contribution andsolicitation prohibitions, and will inform its principals of the contents of the notice. SEEC Form II can be found on the followingpages.

11

Page 12: -. STATE OF CONNECTICUT PERSONAL SERVICES ... it...Proj ect Management $254,820.00 Yearly Installation and Configuration $150.00 Hourly Installation and Configuration $5,580.00 Weekly

SEEC 11

NOTICE TO EXECUTIVE BRANCH STATE CONTRACTORS AND PROSPECTIVE STATECONTRACTORS OF CAMPAIGN CONTRIBUTION AND SOLICITATION BAN

This notice is provided under the authority of Connecticut General Statutes 9-612(g)(2), as amended by P.A. 07-1, and is for thepurpose of informing state contractors and prospective state contractors of the following law (italicized words are defined below):

Campaign Contribution and Solicitation Ban

No state contractor, prospective state contractor, principal of a state contractor or principal of a prospective state contractor, withregard to a state contract or state contract solicitation with or from a state agency in the executive branch or a quasi-public agency or aholder, or principal of a holder of a valid prequalification certificate, shall make a contribution to, or solicit contributions on behalf of(i) an exploratory committee or candidate committee established by a candidate for nomination or election to the office of Governor,Lieutenant Governor, Attorney General, State Comptroller, Secretary of the State or State Treasurer, (ii) a political committeeauthorized to make contributions or expenditures to or for the benefit of such candidates, or (iii) a party committee;

In addition, no holder or principal of a holder of a valid prequalification certificate, shall make a contribution to, cr solicitcontributions on behalf of (i) an exploratory committee or candidate committee established by a candidate for nomination or electionto the office of State senator or State representative, (ii) a political committee authorized to make contributions or expenditures to orfor the benefit of such candidates, or (iii) a party committee.

Duty to Inform

State contractors and prospective state contractors are required to inform their principals of the above prohibitions, as applicable, andthe possible penalties and other consequences of any violation thereof.

Penalties for Violations

Contributions or solicitations of contributions made in violation of the above prohibitions may result in the following civil andcriminal penalties:

Civil penalties -$2000 or twice the amount of the prohibited contribution, whichever is greater, against a principal or a contractor.Any state contractor or prospective state contractor which fails to make reasonable efforts to comply with the provisions requiringnotice to its principals of these prohibitions and the possible consequences of their violations may also be subject to civil penalties of$2000 or twice the amount of the prohibited contributions made by their principals.

Criminal penalties - Any knowing and wilIful violation of the prohibition is a Class D felony, which may subject the violator toimprisonment of not more than 5 years, or $5000 in fines, or both.

Contract Consequences

Contributions made or solicited in violation of the above prohibitions may result, in the case of a state contractor, in the contract beingvoided.

Contributions made or solicited in violation of the above prohibitions, in the case of a prospective state contractor, shall result in thecontract described in the state contract solicitation not being awarded to the prospective state contractor, unless the State ElectionsEnforcement Commission determines that mitigating circumstances exist concerning such violation.

The State will not award any other state contract to anyone found in violation of the above prohibitions for a period of one year afterthe election for which such contribution is made or solicited, unless the State Elections Enforcement Commission determines thatmitigating circumstances exist concerning such violation.

Additional information and the entire text of P.A 07 -I may be found on the website of the State Elections Enforcement Commission,www.ct.gov/seec.Click on the link to "State Contractor Contribution Ban."

Definitions:

"State contractor" means a person, business entity or nonprofit organization that enters into a state contract. Such person, businessentity or nonprofit organization shall be deemed to be a state contractor until December thirty-first of the year in which such contractterminates. "State contractor" does not include a municipality or any other political subdivision of the state, including any entities orassociations duly created by the municipality or political subdivision exclusively amongst themselves to further any purposeauthorized by statute or charter, or an employee in the executive or legislative branch of state govemment or a quasi-public agency,whether in the classified or unclassified service and full or part-time, and only in such person's capacity as a state or quasi-publicagency employee.

"Prospective state contractor" means a person, business entity or nonprofit organization that (i) submits a response to a state contractsolicitation by the state, a state agency or a quasi-public agency, or a proposal in response to a request for proposals by the state, astate agency or a quasi-public agency, until the contract has been entered into, or (ii) holds a valid prequalification certificate issued by

12

Page 13: -. STATE OF CONNECTICUT PERSONAL SERVICES ... it...Proj ect Management $254,820.00 Yearly Installation and Configuration $150.00 Hourly Installation and Configuration $5,580.00 Weekly

the Commissioner of Administrative Services under section 4a-1 00. "Prospective state contractor" does not include a municipality orany other political subdivision ofthe state, including any entities or associations duly created by the municipality or political subdivision exclusively amongstthemselves to further any purpose authorized by statute or charter, or an employee in the executive or legislative branch of stategovernment or a quasi-public agency, whether in the classified or unclassified service and full or part-time, and only in such person'scapacity as a state or quasi-public agency employee.

"Principal of a state contractor or prospective state contractor" means (i) any individual who is a member of the board of directors of,or has an ownership interest of five per cent or more in, a state contractor or prospective state contractor, which is a business entity,except for an individual who is a member of the board of directors of a nonprofit organization, (ii) an individual who is employed by astate contractor or prospective state contractor, which is a business entity, as president, treasurer or executive vice president, (iii) anindividual who is the chief

executive officer of a state contractor or prospective state contractor, which is not a business entity, or if a state contractor orprospective state contractor has no such officer, then the officer who duly possesses comparable powers and duties, (iv) an officer oran employee of any state contractor or prospective state contractor who has managerial or discretionary responsibilities with respect toa state contract, (v) the spouse or a dependent child who is eighteen years of age or older of an individual described in thissubparagraph, or (vi) a political committee established or controlled by an individual described in this subparagraph or the businessentity or nonprofit organization that is the state contractor or prospective state contractor.

"State contract" means an agreement or contract with the state or any state agency or any quasi-public agency, Jet through aprocurement process or otherwise, having a value of fifty thousand dollars or more, or a combination or series of such agreements orcontracts having a value of one hundred thousand dollars or more in a calendar year, for (i) the rendition of services, (ii) the furnishingof any goods, material, supplies, equipment or any items of any kind, (iii) the construction, alteration or repair of any public buildingor public work, (iv) the acquisition, sale or lease of any land or building, (v) a licensing arrangement, or (vi) a grant, loan or loanguarantee. "State contract" does not include any agreement or contract with the state, any state agency or any quasi-public agency thatis exclusively federally funded, an education loan or'a loan to an individual for other than commercial purposes.

"State contract solicitation" means a request by a state agency or quasi-public agency, in whatever form issued, including, but notlimited to, an invitation to bid, request for proposals, request for information or request for quotes, inviting bids, quotes or other typesof submittals, through a competitive procurement process or another process authorized by law waiving competitive procurement.

"Managerial or discretionary responsibilities with respect to a state contract" means having direct, extensive and substantiveresponsibilities with respect to the negotiation ofthe state contract and not peripheral, clerical or ministerial responsibilities.

"Dependent child" means a child residing in an individual's household who may legally be claimed as a dependent on the federalincome tax of such individual.

"Solicit" means (A) requesting that a contribution be made, (B) participating in any fund-raising activities for a candidate committee,exploratory committee, political committee or party committee, including, but not limited to, forwarding tickets to potentialcontributors, receiving contributions for transmission to any such committee or bundling contributions, (C) serving as chairperson,treasurer or deputy treasurer of any such committee, or (D) establishing a political committee for the sole purpose of soliciting orreceiving contributions for any committee. Solicit does not include: (i) making a contribution that is otherwise permitted by Chapter155 of the Connecticut General Statutes; (ii) informing any person of a position taken by a candidate for public office or a publicofficial, (iii) notifying the person of any activities of, or contact information for, any candidate for public office; or (iv) serving as amember in any party committee or as an officer of such committee that is not otherwise prohibited in this section.

13

Page 14: -. STATE OF CONNECTICUT PERSONAL SERVICES ... it...Proj ect Management $254,820.00 Yearly Installation and Configuration $150.00 Hourly Installation and Configuration $5,580.00 Weekly

CERTIFIED RESOLUTION

, President of DynTek Services, Inc., a corporation organized and existing under the laws of the State of

Delaware , (the "Company"), do hereby certify that the following is a true and correct copy of aresolution duly adopted at a meeting of the Board of Directors of the Company duly held and convened on 12-03-2007at which meeting a duly constituted quorum of the Board of Directors was present and acting throughout, and that suchresolution has not been modified, rescinded or revoked, and is at present in full force and effect:

I, Ron Ben -Yishay

RESOLVED: That Karen Rosenberger , the Chief Financial OfficerQf DynTek Services. Inc. , is empowered and authorized to executeand deliver in the name of and on behalf of this Company a cenain contract with the Board ofTrustees of Community-Technical Colleges for IT Hardware 08-85 and to affix the corporateseal (if applicable).

IN WITNESS HEREOF, the undersigned has affixes his ature this ~ day of ~ , 200L. TheCompany has no corporate seal. (If there is no Corporate Se , circle th L.S. below)

(COlporate Seal)(1.S.) .-§p.~ _r...

- - -- - - _h - - -- -- - -- -- - -- -. - - -- h- -- - --------

Stateof ~. \i-\evn " ~County of 0 I{'CAV\..Py<..-

..

..

Personally appeared before me this -lLstith day of ~\l no-, 200L, ~ '{Je:n -'/1:'5~~-(name of Secretary),Secretary of ~n-\r,(- Se-Yv\('~ ~. , and made oath that the above is a true copy from the records of

(name of corporation)

My commission expires on: (0/(£1lID

11~ CNotary ~blic

p. -the corporation.

x

~ KElSEAC.PRATT~.. COMM.# 16764661/). NOTARYPUBliC.CALIFORNIAIn

~ ORANGECOUNTY --. . MyCOMM.E.XP.JUNE19,2010r

Page 15: -. STATE OF CONNECTICUT PERSONAL SERVICES ... it...Proj ect Management $254,820.00 Yearly Installation and Configuration $150.00 Hourly Installation and Configuration $5,580.00 Weekly

CERTIFICATION

(By corvorate or other business entitv regarding support of nondiscrimination againstpersons on account of their race, color, religious creed, age, marital or civil union status,national origin, ancestry, sex, mental retardation, physical disability or sexualorientation.)

I Karen Rosenberger , Chief Financial Officerof DvnTek Services,Inc. , an entitylawfully organized and existing under the lawsof Delaware , do hereby certify

that the following is a true and correct copy of a resolution adopted on the12th day of June , 2008, by the governing body of DynTek

Services, Inc. , in accordance with all of itsdocuments of governance and management and the laws of

Delaware , and further certify that such resolutionhas not been modified, rescinded or revoked, and is, at present, in full force and effect.

RESOLVED: That DynTek Services, Inc.hereby adopts as its poiicy to support the nondiscrimination agreements andwarranties required under Connecticut General Statutes § 4a-60(a)(1) and § 4a-60a(a)(1), as amended in State of Connecticut Public Act 07-245 and sections9(a)(1) and 10(a)(1) of Public Act 07-142.

IN WITNESS WHREOF, the undersigned has executed this certificate this 12of June ,2007.

day

By:Print Name:

Title: Chief Financial Officer

Effective June 25, 2007

Page 16: -. STATE OF CONNECTICUT PERSONAL SERVICES ... it...Proj ect Management $254,820.00 Yearly Installation and Configuration $150.00 Hourly Installation and Configuration $5,580.00 Weekly

aPM Ethics Form 3 Rev. 08-01-07

STATE OF CONNECTICUTCERTIFICATION OF STATE AGENCY OFFICIAL OR EMPLOYEEAuTHORIZED TO EXECUTE CONTRACT

Certification to.<;1ccompanya State contract, having a value afmare than $50, 000, pursuant toConnecticut General Statutes §§ 4-250 and 4-252(b), and Governor lv1 Jodi Rell's ExecutiveOrder 7C, Paragraph 1()

INSTRUCTIONS: ;

Complete all sections of the form. Sign and date in the presence of a Commissioner of the Superior Court orNotary Public. Submit to the awarding State agency at the time of contract execution...CERTIFICATION: i

I, the undersigned; State agency official or State employee, certify that (1) I am authorized to execute theattached contract on.behalf of the State agency named below, and (2) the selection of the contractor namedbelow was not the~esult of collusion, the giving of a gift or the promise of a gift, compensation; fraud orinappropriate influence from any person.

Sworn as true to ttie best of my knowledge and belief, subject to the penalties of false statement.

12yNlE/< S£!CI; C' ~;;:, ;I:/flCI /

Contractor Name,

f3o~t> DF -r:fu SI GEe; t!:JFC'1/Y1tfN; 7y-1ECf/AJI (!f}LAw.arding State Age!1cy

Co)/£GES

~Date

i>;k2l:nk of l3uj)f:,GITitle AAll:> F/Alf1AJCE

200%

My CommIssionExp.Sap.30,2011

Page 17: -. STATE OF CONNECTICUT PERSONAL SERVICES ... it...Proj ect Management $254,820.00 Yearly Installation and Configuration $150.00 Hourly Installation and Configuration $5,580.00 Weekly

OPM Ethics Form 5 Rev. 10-31-07

d\:~"~PY~~;..-hi ..!t~

P~ifiti:! ]-'-w 1...Jr,,,,.-,

'~rt :L~"..~''''-'-~r:i~""'!!'~\J"-

STATE OF CONNECTICUTCONSULTING AGREEMENT AFFIDAVIT

Afjidavit to accompal1.va State cammet for the pw'chase o.lgoods and services ';lIill1a value of

$50, 000 or more in a calendar orjiscal year, pursliam to Connecticut General Statutes §§ 4(/-8I(a) CllJd4a-8I(b}

INSTRUCTIONS:

If the bidder or vendor has entered into a consulting agreement, as defined by ConnecticutGeneral Statutes § 4a~Bl(b)(1): Complete all sections of the form. If the bidder or vendor has enteredinto more than one such consulting agreement, use a separate form for each agreement. Sign and date theform in the presence of a Commissioner of the Superior Court or Notary Public. If the bidder or vendorhas not entered into a consulting agreement, as defined by Connecticut General Statutes § 4a-81(b)(1): Complete only the shaded section of the form. Sign and date the form In the presence of aCommissioner of the Superior Court or Notary Public.

Submit completed form to the awarding State agency with bid or proposal. For a sale source award, submitcompleted form to the awarding State agency at the time of contract execution.

This affidavit must be amended If the contractor enters into any new consulting agreement(s) during theterm of the State contract.

AFFIDAVIT: [ Number of Affidavits Sworn and Subscribed On ThIs Day: ~ J

I, the undersigned,herebyswear that I am the chief official of the bidder or vendor awarded a contract, asdescribed In Connecticut General Statutes § 4a-B1(a), or that I am the Individual awarded such a contractwho Is authorized to execute such contract. I further swear that I have not entered Into any consultingagreement In connectIon with such contract, except for the agreement listed below:

N/AConsultant's Name and Title Name of Firm (If applicable)

Start Date End Date Cost

Description of Services Provided:

Is the consultant a former State employee or former public official? DYES 0 NO

If YES:Name of Former State Agency Termination Date of Employment

Sworn as true to the best of my knowledge a

DynTek Services, Inc.

Printed Name of Bidder or Vendor

06-12-2008

Date

Karen Rosenberger

Printed Name (of above) Awarding State Agency

Sworn and subscribed before me on this ~ day of -:11f"v JL.- I 200$'..

¥ ~PfL~l\oJCommissioner of the Superior Courtor Notary Public

Page 18: -. STATE OF CONNECTICUT PERSONAL SERVICES ... it...Proj ect Management $254,820.00 Yearly Installation and Configuration $150.00 Hourly Installation and Configuration $5,580.00 Weekly

- .

ALL-PURPOSE ACKNOWLEDGMENT

State of California

}0 SS.

County of ~ '('0\~On --U -rh -SvN.- ~Y), beforeme,J6LJ Sea (' . ? ( 0' tIDATE

personally appeared ~lto\ Yl/V\ '~~J(Hl\'JP/Yqf/ , personally known to me (or

proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed tothe within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorizedcapacity(ies), and that by his/her/their signature(s) onthe instrument the person(s), or the entity upon behalfof which the person(s) acted, executed the instrument.

, Notary Public,

WITNESS my hand and official seal. -'"

C.NOTARY'S SIGNATURE

-

.1- KELSE,\C, PR,\n 1:... COMM. # 167646611)" NOTARYPUBLIC.CALIFORNIAU\

1 ORANGECOUNr! -~- ._My.~~E~P.JUNE19,20\~

PLACE NOTARY SEAL IN ABOVE SPACE

OPTIONAL INFORMATIONTheinformationbelowisoptional.However,itmayprovevaluableandcouldpreventfraudulentattachmentof this form to an unauthorized document. .

CAPACITY CLAIMED BY SIGNER (pRINCIPAL)

D INDIVIDUAL

D CORPORATEOFFICER

D PARTNER(S)

D ATTORNEY-IN-FACT

D TRUSTEE(S)

D GUARDIAN/CONSERVATOR

D OTHER:

DESCRIPTION OF ATTACHED DOCUMENT

TITLE OR TYPE OF DOCUMENT

TITLE(S)

NUMBER OF PAGES

DATE OF DOCUMENT

OllIER

SIGNER (pRINCIPAL) IS REPRESENTING:NAME OF PERSON(S) OR ENTITY(IES)

RIGHTTHUMBPRINT

OFSIGNER

<>....<>

..c:1::.;:::p.,

.s:::>

S

~"-'0p.,

~

APA 1/06 NOTARYBONDS, SUPPLIES AND FORMS AT HITP:/IWWW.VALLEY-SIERRA.COM @2005VALLEY-SIERRAINSURANCE

Page 19: -. STATE OF CONNECTICUT PERSONAL SERVICES ... it...Proj ect Management $254,820.00 Yearly Installation and Configuration $150.00 Hourly Installation and Configuration $5,580.00 Weekly

OPM Ethics Form 6 Rev. 10-31-07

{,:'1..~4~""';<" I

~ !d, 'J.'" ,;P~.",'

'-'& t "<"~'J;""";:'~'':;JJ!,J1

STATE OF CONNECTICUTAFFIRMATION OF RECEIPT OF STATE ETHICS LAWS SUMMARY

Alfirmalion to accompany a large State construction or procurement contracl, having a cost ofmore them$500, 000, pursuant 10 Connecticut Genera/ Statutes §§ 1-101ml1land 1-101qq

INSTRUCTIONS:

Complete all sections of the form. Submit completed form to the awarding State agency or contractor, asdirected below.

CHECK ONE:

0 I am a person seeking a large State construction or procurement contract. I am submItting thisaffirmationto the awardIngState agency with my bid or proposal. [Checkthis box If the contractwillbe awardedthrough a competitiveprocess.]

I2S] I am a contractor who has been awarded a large State construction or procurement contract. I amsubmittIng this affirmation to the awardIng State agency at the time of contract execution. [Checkthis box if the contract was a sole source award.]

0 I am a subcontractor or consultant of a contractor who has been awarded a large State constructionor procurement contract. I am submitting this affirmation to the contractor,

IMPORTANT NOTE:

Contractors shall submit the affirmations of their subcontractors and consultants to the awarding Stateagency. Failure to submit such affirmatIons In a timely manner shall be cause for termination of the largeState construction or procurement contract.

AFFIRMATION:

I, the undersigned person, contractor, subcontractor, consultant, or the duly authorized representativethereof, affirm (1) receipt of the summary of State ethics laws* developed by the Office of State Ethicspursuant to ConnecticutGeneral Statutes § l-B1b and (2) that key employees of such person, contractor,subcontractor, or consultant have read and understand the summary and agree to comply with Itsprovisions.

* The summary of State ethics laws Is available on the State of Connecticut's Office of State EthIcs website

at http:///w.ct. govIeth Ics/llbieth Icslcontractors_g uIde_fina12.pdf

~~ 06-12-2008Signature Date

Karen Rosenberger

Printed NameChief Financial Officer

Title

DynTek Services. Inc.

Firm or Corporation (if applicable)

12 Metro Park Road

Street AddressAlbany

City

NY 12205

State Zip

Awarding State Agency

Page 20: -. STATE OF CONNECTICUT PERSONAL SERVICES ... it...Proj ect Management $254,820.00 Yearly Installation and Configuration $150.00 Hourly Installation and Configuration $5,580.00 Weekly

OPMEthics Form 1 Rev. 10-31-07Page 1 of 2

,<':"'~"t;;},m "Ct1

'11g ill!.: J> t, 'L :*',:x;:r..

"..;;:;:f:!.rj~-OJ;'i:.i~'-"'~"hT

STATE OF CONNECTICUTGIFT AND CAMPAIGN CONTRIBUTION CERTIFICATION

Ce/'tificaNol1to accompany a Stale COll/ractwith a value of $50, 000 o/' more ;n (I calendar 01'.fiscal year, pursuant to C'.G.S. :§§4-250 and -I-252(c); Governor M. Jodi Rell's Executive OrdersNo. I, Pa/'a, 8, and No. 7C. Para. 10; (md eG.s. §9-612(g)(2), as amended by Public Act 07-1

INSTRUCTIONS:

Complete all sections of the form. Attach additional pages, If necessary, to provide full disclosure about anylawful campaign contributions made to campaigns of candidates for statewide public office or the GeneralAssembly, as described herein. Sign and date the form, under oath, In the presence of a Commissioner ofthe Superior Court or Notary Public. Submit the completed form to the awarding State agency at the timeof inItial contract execution (and on each anniversary date of a multi-year contract, If applicable).

CHECKONE: I3J InitIal Certification 0 Annual Update (Multi-year contracts only.)

GIFT CERTIFICATION:

As used In this certification, the followingterms have the meaning set forth below:

1) "Contract" means that contract between the State of Connecticut (and/or one or more of it agencies orinstrumentalities) and the Contractor, attached hereto, or as otherwise described by the awarding Stateagency below;

2) If this Is an Initial Certification, "Execution Date" means the date the Contract Is fully executed by, andbecomes effective between, the parties; If this is an Annual Update, "Execution Date" means the datethis certification is signed by the Contractor;

3) "Contractor" means the person, firm or corporation named as the contactor belowj4) "Applicable Public Official or State Employee" means any public official or state employee described in

C.G.S. §4-252(c)(1)(i) or (II);5) "Gift" has the same meaning given that term in C.G.S. § 4-250(1}j6} "Planning Start Date" is the date the State agency began planning the project, services, procurement,

lease or licensing arrangement covered by this Contract, as Indicated by the awarding State agencybelow; and

7) "Principals or Key Personnel" means and refers to those principals and key personnel of the Contractor,and Its or their agents, as described In C.G.S. §§ 4-250(5) and 4-252(c)(1)(B) and (C).

I, the undersigned,am the officialauthorizedto execute the Contracton behalfof the Contractor. I herebycertify that, between the Planning Start Date and Execution Date, neither the Contractor nor any Principalsor Key Personnel has made, willmake (or has promised, Dr offered, to, or otherwise Indicated that he, sheor it will, make) any Gifts to any Applicable Public Officialor State Employee.

I further certify that no Principals or Key Personnel know of any action by the Contractor to circumvent (orwhich would result in the circumvention of) the above certification regarding Gifts by providing for any otherprincipals,key personnel,officials,or employeesof the Contractor,or Its or their agents, to makea Gift toany Applicable Public Official or State Employee. I further certify that the Contractor made the bid orproposalfor the Contractwithoutfraud or collusionwithany person.

CAMPAIGN CONTRIBUTION CERTIFICATION:

I further certify that, on or after December 31, 2006, neither the Contractor nor any of its principals, asdefined In C.G.S. § 9-612(g}(1), has made any campaign contributions to, or solicited any contributionson behalf of, any exploratory committee, candidate committee, political committee, or party committeeestablished by, or supporting or authorized to support, any candidate for statewide Dublic office, In violationof c.G.S. § 9-612(g)(2)(A). I further certify that all lawful campaign contributions that have been madeon or after December 31, 2006 by the Contractor or any of Its principals, as defined In C.G.S. § 9-612(g)(1),to, or solicited on behalf of, any exploratory committee, candidate committee, political committee, or partycommittee established by, or supporting or authorized to support any candidates for statewide Dubllc officeor the General Assemblv, are listed below:

Page 21: -. STATE OF CONNECTICUT PERSONAL SERVICES ... it...Proj ect Management $254,820.00 Yearly Installation and Configuration $150.00 Hourly Installation and Configuration $5,580.00 Weekly

aPM Ethics Form 1 Rev. 10-31-07Page 2 of 2

6':~"'WP~.,;\,"c ""( ' 1;')(

,I .. "'j tJP<,;;JJii!..~"1"'W !)t .*"'. .'"

"-"rt~"'J'~, .:~_...'-{!i.(~;!,.,-,;$'"

STATE OF CONNECTICUTGIFT AND CAMPAIGN CONTRIBUTION CERTIFICATION

Lawful Campaign Contributions to Candidates for Statewide Public Office:

Contribution Date Name of Contributor Recipient Value Description

None

-- --------

Lawful Campaign Contributions to Candidates for the General Assembly:

Contribution Date Name of Contributor Recipient Value Description

None

Sworn as true to the best of my knowledge and belief, subie!l1:to

DynTek Services, Inc.

Printed Contractor Name

Subscribed and acknowledged before me this ~ day of ~\l'\/\.L...- , 2001..,

otary Public)

Page 22: -. STATE OF CONNECTICUT PERSONAL SERVICES ... it...Proj ect Management $254,820.00 Yearly Installation and Configuration $150.00 Hourly Installation and Configuration $5,580.00 Weekly

.

ALL-PURPOSE ACKNOWLEDGMENT

State of California

}Q J!- SS.County of 'f'~ 1\ '>

On ~ I ry\ (J~ \\ -+-h. I 7-crf6 , before me, --h-c:, \'S-eA C,DATE

rlt1r~d' fo)8Y\bp~

~ , Notary Public,

personally appeared , personally known to me (or

proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed tothe within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorizedcapacity(ies), and that by his/her/their signature(s) onthe instrument the person(s), or the entity upon behalfof which the person(s) acted, executed the instrument.

WITNESS my hand and official seal. -"

~

~ KELSEAC.PRATT ~- COMM.# 1676466II) -. NOTARYPUBLIC.CALIFORNIA(J)

~ ORANGE COUNTY -My COMM. Exp. JUNE 19,2010r

-

PLACE NOTARY SEAL IN ABOVE SPACE

OPTIONAL INFORMATIONTheinformationbelowis optional.However,itmayprovevaluableandcouldpreventfraudulentattachmentof this form to an unauthorized document. .

CAPACITYCL~DBY~GNER~RmCWAL)D INDIVIDUAL

D CORPORATE OFFICER -

D PARTNER(S)

D ATTORNEY-IN-FACTD TRUSTEE(S)

D GUARDIAN/CONSERVATOR

D OTHER:

DESCRIPTION OF ATTACHED DOCUMENT

TITLE OR TYPE OF DOCUMENT

TITLE(S)

NUMBER OF PAGES

DATE OF DOCUMENT

OTHER

SIGNER ~RmCWAL) IS REPRESENTING:NAME OF PERSON(S) OR ENTITY(IES)

RIGHTTHUMBPRINT

OFSIGNER

~..<::

~.;::p.

~;S.....0

~APA 1/06 NOTARY BONDS, SUPPLIES AND FORMS AT HTrP://WWW.VALLEY-SIERRA.COM ~200SVALLEY-SIERiU\INS~CE