TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Gary Y. Sugano, Assistant City Manager
MEETING DATE: June 6, 2023
SUBJECT: Consideration of Amendment No. 3 to Agreement for Managed Services - Information Technology with Numa Networks
RECOMMENDATION
Approve and authorize the City Manager to execute the Amendment.
BACKGROUND/ANALYSIS
On September 4, 2018, the City Council approved an agreement with Numa Networks to provide on-going Managed IT Services. This includes general maintenance and upkeep of all hardware, application of windows update patches, maintenance of antivirus, data backup, network monitoring and a technical support/help desk for all City users.
On February 5, 2019, the City Council approved Amendment No. 1 for Equipment Purchase and Professional Services for Managed IT Services. This project included server upgrades, Office 365 transition, InCode10 installation and on-site support for a minimum of 10.5 hours per week.
On September 15, 2020, the City Council approved Amendment No. 2 to extend the term of the agreement to September 4, 2023.
Earlier this year, Numa Networks approached the City to request an increase to various IT-related services due to their increased costs in providing those services (primarily increase labor cost due to inflation).
Staff has reviewed their request and after some negotiation was successful in getting a price reduction from the original request.
Item No. 7e
CITY OF LOMITA
CITY COUNCIL REPORT
The City has been pleased with the service received from Numa Networks over the past four plus years. Over the past several years, in addition to the day-to-day support, they have successfully completed server upgrades, the City’s transition to Microsoft 365 and the Citywide PC replacement program. Numa has also implemented upgrades to the City’s cyber security efforts including disaster recovery, training and multifactor authentication for user log-ins.
On-Site IT Support Staff
The City has Numa Networks staff on-site 1 day a week to assist with tasks that need to be completed on-site including IT support for city employees. This has worked out well and provides a level of service that allows the city to maintain continuity in operations.
The majority of tasks can be handled remotely including individual help desk requests from users.
As the current agreement is set to expire in September 2023, it is also recommended that the term of the agreement be extended to September 4, 2026.
ALTERNATIVES
1. Do not approve staff’s recommendation
2. Give Staff further direction
FISCAL IMPACT
Inflationary pressures over the last several years particularly on the labor side have necessitated the requested increase. In order to recruit and retain employees Numa has had to increase salaries/benefits to remain competitive. Total cost per month would increase by approximately $2,000/month to $9,884.15/month.
ATTACHMENTS
1) Amendment No. 3 to Numa Networks Agreement
2) Original Agreement and Amendments
Prepared by: Approved by:
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
THIRD AMENDMENT TO
AGREEMENT BETWEEN THE CITY OF LOMITA AND NUMA NETWORKS, LLC FOR
PROFESSIONAL SERVICES FOR MANAGED IT SERVICES
This Third Amendment to the Agreement 2018-20 between the City of Lomita (“City”) and Numa Networks, LLC (“Consultant”) for Professional Services for Managed IT Services is made and entered into this 6
th day of June 2023.
WHEREAS, the City and Consultant are parties to an Agreement for professional services for the above referenced projects dated September 4, 2018, (“the Agreement”); and WHEREAS, the City and Consultant desire to amend the Agreement to adjust the cost for services and extend the term of the agreement.
WHEREAS, Amendment No. 1 to said Agreement between the City and Consultant for Equipment Purchase and Professional Services for Managed IT Services was made and entered into on February 5, 2019.
WHEREAS, Amendment No. 2 to said Agreement between the City and Consultant for Professional Services for Managed IT Services was made and entered into on September 15, 2020.
NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant hereby agree as follows:
1. Term of Agreement. The term of the Agreement shall be extended to September 4, 2026. The City and Consultant may extend the agreement by mutual consent for an additional 2 years. It is understood that any and all Services requested by City that fall outside of the terms of this Agreement and its amendments will be considered Projects, and will be quoted and outlined in a separate SOW.
2. Consideration and Compensation. Cost proposal of the Agreement shall be amended per Attached Exhibit A.
3. No other changes. All terms, conditions and other provisions of the Agreement, including all Exhibits thereto, not affected by this Third Amendment shall remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
Attachment 1
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment on the 6 th
day of June 2023, at Lomita, California.
NUMA NETWORKS, LLC
By ________________________
Warren Hino
Founder and President
CITY OF LOMITA
By ______________________
Ryan Smoot
City Manager
Attest:
_______________________
Kathleen Gregory, MMC, City Clerk
EXHIBIT A
Amended Cost Proposal / Pricing Information
Monthly Recurring Charges
Monthly Recurring Charges (MRC)
Numa Advanced Care Technical
Support
Pricing
(Monthly)
Current $4,541
July 1, 2023 $5,222.15*
* Baseline number of full-time equivalent users is established at 50. Addition of users beyond the 50 shall be charged the incremental increase in MRC per user as stated below.
Other Monthly Recurring Charges
(Datto Disaster Recovery, Anti-Virus,
MFA licensing, etc.)
Pricing
(Monthly)
Current $2,100
July 1, 2023 $2,262
**These are pass-through costs from direct vendors and may increase based on future cost.
Contingency
Contingency for Flat Rate Charges
Not Included in monthly support and
Project IT Support Specific Costs
Pricing (Monthly)
July 1, 2023 $2,000
On-Site Support
On-Site Support Pricing
(Per 4 Hour On-Site Visit)
Current $312.08
July 1, 2023 $600 ($150/hr.)
Flat Rate Charges for Other/Future
Incremental Increase in MRC per
User***
$150
Project Bill Rate Level 1-2 - $195 Level 3 - $225
***Employees with their own PC/Laptop shall be considered a full user. Employees who do not have their own PC/Laptop (but have their own email) shall be considered 0.25 user for billing purposes.
Agree 2018-20
CONTRACT FOR EQUIPMENT PURCHASE AND
PROFESSIONAL SERVICES BETWEEN
THE CITY OF LOMITA AND
NUMA NETWORKS
This AGREEMENT is entered into this 4
tl
, day of September, 2018, by and between the CITY OF
LO MIT A, a general law city a municipal corporation ("CITY") and Numa Networks, ("CONSULT ANT").
RECITALS
A. The City does not have the personnel able and/or available to perfonn the services required under this agreement.
B. Therefore, the City desires to contract out for consulting services for certain projects relating to information technology equipment upgrades and to manage the information technology environment.
C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement and to install and configure the equipment pursuant to this Agreement.
D. The City desires to contract with the Consultant to purchase specified hardware and software and to perform the services as described in Exhibit A of this Agreement.
NOW, THEREFORE, based on the foregoing recitals, the City and the Consultant agree as follows:
1. CONSIDERATION AND COMPENSATION
A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A and incotporated into this Agreement; B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;
As additional consideration, CITY agrees to pay CONSULTANT a fixed monthly fee for Monthly Recurring Charges, together with additional flat rate charges for other services as needed, in the amounts indicated on the Pricing Schedule attached as Exhibit B and incorporated into this Agreement.
No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his designee.
CONSULTANT shall submit to CITY, by not later than the 10th day of each 1 Attachment 2
month, its bill for services itemizing the fees and costs incurred during the previous month. The City shall pay the Consultant all uncontested amounts set forth in the Consultant' s bill within 30 days after it is received.
SCOPE OF SERVICES.
CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICES attached hereto as Exhibit A and incorporated herein by this reference.
Except as herein otherwise expressly specified to be furnished by CITY, CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.
PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage ofthe task completed during the billing period.
TIME OF PERFORMANCE. The services ofthe CONTRACTOR are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY' s reasonable satisfaction, in accordance with the schedule incorporated in "Exhibit A," unless extended in writing by the CITY.
FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT represents that CONSULTANT has ( a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and ( c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
KEY PERSONNEL. CONSULTANT' s key person assigned to perform work under this Agreement is Mike Yasuma CONSULTANT shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City.
TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on September 41", 2020, unless earlier termination occurs under Section 11 of this Agreement, or extended in writing in advance by both parties.
CHANGES. CITY may order changes in the services within the general scope ofthis Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.
PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
TERMINATION.
Upon 60 days notice, CITY may terminate this Agreement at any time without cause. Notice of termination shall be in writing.
CONSULTANT may terminate this Agreement. Notice will be in writing at least 60 days before the effective termination date.
hi the event of such termination, the CONTRACTOR shall cease services as of the date of termination, all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONSULTANT shall, at CITY' s option, become CITY' s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice oftermination.
Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
INDEMNIFICATION.
CONSULTANT shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY' S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the CITY. Should CITY in its sole discretion find CONSULTANT' S legal counsel unacceptable, then CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The CONSULTANT shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
ASSIGNABILITY. This Agreement is for CONSULTANT' s professional services. CONSULTANT' s attempts to assign the benefits or burdens of this Agreement without CITY' s written approval are prohibited and will be null and void.
INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed.
CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.
AUDIT OF RECORDS.
CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONSULTANT agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONSULTANT further agrees to maintain such records for a period of three ( 3) years following final payment under this Agreement.
CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement.
CORRECTIVE MEASURES. CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONSULTANT will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of CONSULTANT to implement required corrective measures shall at the option of the CITY result in immediate termination of this Agreement.
OWNERSHIP AND DISPOSITION OF CITY -OWNED DATA
A. City shall own all City data that may reside within Consultant' s hosting environment. Upon expiration or termination of this Agreement, for any reason, Consultant agrees to return all original City data and any data contained in any derivative work to City in a usable format. Delivery must be through a secured electronic transmission or by parcel service utilizing package tracking services.
B. Following City' s verified receipt of the original City data and other data contained in any derivative work, Consultant agrees to physically and electronically destroy or erase all residual City data regardless of format from the Consultant' s entire technology resources and any other storage media, including disaster recovery sites and backup disaster recovery sites. Consultant will provide a record of data destruction to City no later than thirty days after destruction. If, for any reason, the City data cannot be destroyed upon expiration or termination of this Agreement, Consultant agrees to notify City with an explanation as to the conditions which make destruction impossible or infeasible. Upon mutual agreement by both parties that destruction of the data is not possible or feasible, Consultant shall make the City data inaccessible.
Consultant shall provide City a detailed description of the procedures and methods used to make the City data inaccessible no later than thirty days after malting the data inaccessible.
ACCESS TO SERVER SYSTEM
Consultant hereby grants City the right of access to the server system ( " System ") during the term of this Agreement. Without limiting the City' s rights to the System, City and its employees, agents or permitted contractors shall not attempt to gain unauthorized access to other computer systems, any application/ service for which the City has not paid fees to use, or data and information belonging to others that is also hosted by Consultant. City agrees that access to the System shall be ( 1) in compliance with the terms of applicable licenses, the Agreement, and applicable federal, state and local laws and regulations, and ( 2) solely for City' s own internal use. The City will not disclose, download, decompile or re- engineer any portion of the System provided by Consultant without mutual consent by Consultant or its licensors and used in the performance of Services. As part of the City' s security measures, it may assign to one or more user identification codes and associated passwords that will enable City and its users to access the System as an Administrator. City agrees to comply with any mutually established rules of operation and security procedures outlined by Consultant and City for access to and use ofthe System.
INSURANCE REQUIREMENTS.
A. The CONSULTANT, at the CONSULTANT' s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:
1. Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for City.
2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than one million dollars ($ 1, 000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non -owned vehicles, in an amount of not less than one million dollars ($ 1, 000, 000) combined single limit for each occurrence.
4. Professional Liability Coverage. The CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONSULTANT' S operations under this Agreement, whether such operations be by the CONSULTANT or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($ 1, 000,000) on a claims -made annual aggregate basis, or a combined single - limit -per- occurrence basis. When coverage is provided on a " claims made basis," CONSULTANT will continue to •renew the insurance for a period of three ( 3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.
B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by City, and shall be endorsed as follows.
CONSULTANT also agrees to require all contractors, and subcontractors to do likewise.
1. " The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations."
2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self - insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy.
3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents.
5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers.
6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days' written notice has been received by the CITY.
C. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right ( but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
D. Any deductibles or self - insured retentions must be declared to and approved by the CITY. At the CITY' s option, the CONSULTANT shall demonstrate financial capability for payment of such deductibles or self - insured retentions.
E. The CONSULTANT shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance ofthis Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement.
Failure on the part of the CONSULTANT to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 11 above.
USE OF OTHER CONSULTANTS. CONSULTANT must obtain CITY' s prior written approval to use any consultants while performing any portion ofthis Agreement. Such approval must include approval of the proposed consultant and the terms of compensation.
FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished or relating to the CONSULTANT' S work or services. Acceptance of payment shall be any negotiation of the CITY' S check or the failure to make a written extra compensation claim within ten ( 10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONSULTANT, its employees, sub - consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the Consultant, its employees, sub - consultants and agents.
CORRECTIONS. In addition to the above indemnification obligations, the CONSULTANT shall correct, at its expense, all errors in the work which may be disclosed during the City' s review of the Consultant' s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall be charged to the CONSULTANT. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed CONSULTANT under this Agreement up to the amount of the cost of correction.
NON - APPROPRIATION OF FUNDS. Payments to be made to CONSULTANT by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONSULTANT' S services beyond the current fiscal year, the Agreement shall cover payment for CONSULTANT' S only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
CITY CONSULTANT
City of Lomita Numa Networks
24300 Narbonne Avenue 2200 W. Orangewood Ave
Lomita, CA 90717 Orange, CA 92868
ATTN: City Manager ATTN: Warren Hino
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.
SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT' s bona fide employee, to solicit or secure this Agreement.
Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT' s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making ofthis Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.
THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT' s or CITY' s obligations under this Agreement.
INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written.
RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. In the event of any conflict between the terms of this Agreement and the Scope ofWork attached hereto as Exhibit A, the terms of this Agreement shall prevail.
AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement maybe modified by written amendment with signatures ofall parties to this Agreement. CITY' s city administrator, or designee, may execute any such amendment on behalf of CITY.
ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other.
TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.
ATTORNEY' S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and /or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.
STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.
DISCLOSURE REQUIRED. (City and Consultant initials required at one of the following paragraphs) By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a " consultant" for the purposes of the California Political Reform Act because Consultant' s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700. 3( a)( 2) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assuming- office, annual, and leaving- office financial reporting obligations under the California Political Reform Act and the City' s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing sei vices hereunder, the City' s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant' s disclosure obligations in accordance with the City' s Conflict of Interest Code.
City Initials
Consultant Initials
1;
By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a consultant" for the purpose ofthe California Political Reform Act because Consultant' s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700. 3( a)( 2) and is otherwise not serving in staff capacity in accordance with the City' s Conflict of Interest Code.
City Initials
Consultant Initials
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY
C Y ANAGE By:
AT,TEST: "
100
Sandra Medina, City Clerk
APPROVED AS TO FORM:
oalvilv Hbc
CHRIST OGIN, City Attorn
CONSULTANT
CONSULTANT
Taxpayer ID No.
EXHIBIT A
SCOPE OF SERVICES
The Work Plan
SCOPE OF SERVICES
The following scope describes the work that will be completed to deliver the managed support services for the City of Lomita. Numa Networks goal is to improve ongoing support, maintenance, develop an infrastructure life cycle replacement schedule, and improve security processes and procedures for the City of Lomita. Numa Networks is in agreement with the City of Lomita in regard to the aging server report and a potential lack of Disaster Recovery.
A. Documentation
Whether or not it is specifically addressed below, Numa Networks will provide and maintain complete documentation for all work undertaken and provide this documentation in electronic form unless otherwise noted.
B. Number of Users /Devices
Numa Networks will provide complete ongoing technical assistance and system management on the following systems:
Device Count
Full or Part Time Users accessing 5
Email Only 150
Desktop Workstations 33
Laptops 7
Window Servers 11
Others 23rd Party Support
Vendor Liaison)
Security Appliances 5
Routers 53rd Party Support
Vendor Liaison)( TPx)
Wireless Access Points
Virtual Private Networks 5
Switches 7
BD Printers
Network 1
Local 2
M FP /Scanners
Network 3
Local
C. Asset Cataloging and Tracking
Numa Networks utilizes a network monitoring and discovery solution to proactively document devices that are living on the client' s network. Client documentation that is developed or maintained by Numa Networks is stored in our secure technical documentation service. This includes known software, hardware, and software licenses with installation keys.
D. Server Based Images of Client Software
Numa Networks loads and maintains physical software media as ISO drive images and can make them readily available via the network without the physical CD /DVD for users that require access. Numa Networks proposes utilizing the company file server as the storage for these drive image files. The client will need to provide a network attached server with sufficient disk space to accommodate the drive images. Users that require limited or special access will be identified with the client and appropriate permissions will be applied to the folder, preventing unauthorized access to sensitive software disk images.
E. Reporting
Numa Networks will provide reporting for visibility including but not limited to: server patch status, firewall utilization, server -disk utilization, client and NOC ticket details, server aging, and monthly overall infrastructure assessments.
F. General Maintenance and Upkeep
For all computers covered by this contract, and any subsequent computers added to the System, Numa Networks will create and maintain the following systems, and perform the following activities per the following schedule:
1. Apply Windows Update Patches
Windows Updates are managed through a Centralized Remote Machine Management System that performs checks for needed updates, for downloads updates ( can be centrally located onsite), installs updates and reboots systems on a weekly (or client set) schedule as needed. Test systems can be selected to have recent backups installed for testing prior to site wide installation. The general install for security and critical updates occurs 2 weeks after availability to reduce downtime due to conflicts or unknown issues in the update software.
2. Maintain Antivirus Definitions and Scan
Antivirus /Antispyware is managed through a Centralized Remote Machine Management System it installs, updates and upgrades the AV client. The system schedules daily quick scans, weekly full scans and reports results.
3. Maintain Antispyware Definitions and Scan
Antivirus /Antispyware is managed through a Centralized Remote Machine Management System it installs, updates and upgrades the AV client. The system schedules daily quick scans, weekly full scans and reports results.
4. Maintain SPAM control
Numa Networks shall create and maintain a strategy for controlling unsolicited email (SPAM). SPAM control will allow for retrieving messages incorrectly categorized as SPAM. In case of deletion or mail failure, SPAM control will keep 30 days of email for message continuity. Numa Networks will manage all SPAM rules.
S. Data Back Up for Disaster Recovery Strategy / Solution
1. Services Description
a. The Service is designed to provide a complete Backup and Disaster Recovery solution ( BDR). The Numa Care Revive Total Disaster Solution is fully monitored and managed by our Network Operations Center on weekdays from 8: 00 am to 5: 00 pm. We perform daily verification tests and monthly restoration tests to verify the integrity of the data. In the event of a server failure, we can have your server up and running in as quickly as 1 hour during daylight hours, or 12 hours
over evenings, weekends, and holidays. In the case of a total catastrophe, you will have a fully functional virtual server within 48 hours on the weekdays and within 96 hours if the event occurs on a weekend.
2. Services Provided
a. An on -site Backup Disaster Recovery Appliance ( "BDR ") unit that acts as a local storage device and stand -by server in the event of server failure.
b. Incremental backups done on the BDR at the frequency you select ( up to 15 minutes). c. Secure Remote (Off -site) Storage provided at a hardened data center. d. Recovery of files, folders or emails.
e. Full recovery of data in the event of total catastrophe, where the server and BDR on site are lost.
The most current information provided from the offsite data center will be used to perform this recovery. The age of that image will depend on image size and bandwidth as specified in section f. Full management of the BDR and remote storage.
3. Security
a. Data is encrypted before it leaves your servers with an encryption key that only we have. The data is then encrypted again for its transit over the Internet. Files are then stored, in encrypted form, on multiple servers in high security facilities.
b. Each file is encrypted using 256 -bit AES encryption technology. 256 -bit AES Encrypted data cannot be read without the corresponding keys, so encrypted data cannot be misused, even if it's stolen.
C. In addition, our software communicates with the remote servers using SSL ( Secure Socket Layers) technology.
d. Your encryption key is never released to anybody at the remote Data Center. This is done because we do not want anyone to have access to the data, for security purposes.
4. File compression
a. Before files are encrypted they are compressed on the BDR using state -of- the -art compression technology.
This compression ensures that the time it takes to do backups is shorter and because each file is significantly smaller, less storage space is used on the remote servers.
5. Backup Frequency
a. Our service can protect your data as frequently as every 15 minutes, every day. This provides hundreds of additional backup copies vs. tape backup allowing multiple restore points to recover the most current version of your data just prior to the data loss event. Off -site backup frequencies will be dependent on image sizes and internet bandwidth available.
b. Smart Data Transport
a. Data transmission can easily be configured to minimize bandwidth consumption. Our BDR leverages Adaptive Bandwidth Throttling, which allows us to set a limit on outbound bandwidth used. ( E. g. assuming a 768Kpbs outbound connection, adaptive bandwidth throttling can be set with a maximum at 512Kpbs). We can therefore exercise fine control over the data imaging and transmission processes.
7. Remote Storage provided at high availability Data Center in Utah and Pennsylvania. a. Highly redundant storage with backup images stored at the data centers on a storage area network. b. Internet connectivity provided by multiple providers with automatic failover capabilities. c. Facilities provide multiple fiber optic network drops for our backbone network. d. Full physical security at each facility including security cameras, and key card access. e. Network is secured with high -end redundant, automatic failoverfirewalls. f. Fire suppression and environmental control provided. g. Automatic backup power provided by on -site generators.
S. Retention Periods:
a. On the local Network Attached Storage (BDR) unit:
I. Daily Recovery points stored for last 30 days. b. At the remote storage facility:
L Monthly Recovery points stored for last 3 months. ii. Daily Recovery points stored for last 14 days.
9. Remote Storage and Base Remote Backup Image Creation a. Your encrypted data will be stored at a secured data center. b. The BASE IMAGE will be sent via a SATA II drive to the remote storage facility. There is generally a one -week turnaround time required for this base image transfer to occur.
10. Minimum Remote Storage Requirements
a. Remote storage is provided in increments of 100GB. Remote storage is tracked on a monthly basis, based on the size of the compressed images stored at the remote storage facility. b. Routine retrieval testing.
C. The integrity of backups is checked as they occur and are tested for recovery on a monthly basis.
11. Recovery Time Objective (RTO)
a. MSP will log all retrieval activities from the Client. b. MSP will attempt to resolve retrieval tickets within 24 hours of the first request. We can restore a file, file folder, email or an entire mailbox as needed. Please call our help desk for immediate assistance.
C. In a disaster, where you should lose your entire office, by request we will have an encrypted copy of the images available at the remote storage facility copied to a hard drive. It will be shipped out via next - business day air transportation to a location of your choice. When the hard drive arrives, it will be unencrypted and copied to a new BDR which will then be ready to be used as a virtual server. There is an additional cost for this service.
The BDR can also be used to perform a bare metal restore to dissimilar hardware which means that when a new server arrives, the BDR can be used to restore the most current data to that new server regardless of the server hardware.
6. Software
Numa Networks will provide vendor liaison support for all Microsoft and 3rd party application needs. This includes but is not limited to: license management, software lifecycles, renewals, and upgrades. City of Lomita identified software includes: Acrsoft, ArcReader, View Point Code Enforcement Manager, Laserfiche, Incode, ActiveNet, PC Payroll for Windows, SCADA, and Atlas Mapping.
7. E - Mail
Numa Networks will provide secure and dependable e- mail through Microsoft Exchange on the City of Lomita' s server or Office 36S if client requires migration. Numa Networks will manage all transport rules. Numa Networks shall create and maintain a strategy for controlling email impersonating legitimate internal email (Spoofed Email). Anti - Spoofing control will prevent email messages from non - legitimate sources masquerading as legitimate messages from being delivered.
8. Domain Management
Numa Networks will provide domain management forthe domain www.lomitacity.com which will include timely renewals and appropriate record management to ensure proper delivery of e- mail and website access. We will not do the website design and updates but will do record management through the registrar.
9. Training
Upon initial set up and as required for new users, Numa Networks will provide basic training on the proper use of the System, upon request. As requested by City of Lomita, Numa Networks should be able to develop and provide documentation on application usage as requested as an additional service and part of a separate agreement.
10. Network Monitoring
Numa Networks utilizes a network Remote Management and Monitoring (RMM) for proper maintenance of client networks. The Numa Networks RMM tool collects SNMP, CDP / LLDP, and Netflow network data. The collection of this data allows Numa Networks to dynamically monitor traffic usage, statistics, errors, network outages and network changes. Numa Networks RMM will automatically collect configuration backups, inventory network hardware and account for user access and change management.
11. System Administration
Numa Networks will implement and maintain security policies as defined by the Agency and maintenance windows. This includes, but is not limited to group and user policies, security groups, file system restrictions per user, and disk space /growth. Numa Networks will also review event logs to investigate critical errors that may affect service or performance of the system when troubleshooting an issue.
12. Firewall Administration (opening /closing ports)
Numa Networks manages firewalls through a central firewall management system ( FMS). The FMS allows for secure remote administration of firewall updates and configuration changes, including opening/ closing ports.
Administrator access to the system uses unique logins and accounting of change management. Configuration information is stored in the FMS which allows for quick recovery to a new firewall in case of hardware failure.
The FMS allows for real -time visibility and historical reporting of firewall traffic and logs.
13. Helpdesk
Numa Networks will provide an IT Helpdesk for all users at all the Agency' s facilities. Numa Networks will require a SPOC (Single Point of Contact) for each location to be able to open the ticket on behalf of the users. Numa Networks will also assist the City's in -house support staff as needed.
F. Set Up, Deployment, Reformat and Redeployment
As employees are hired or as other System changes occur, Numa Networks will be responsible for redeploying existing systems, and performing complete set up of new equipment and licensed software whether purchased through Numa Networks or not. In this regard, Numa Networks will do the following:
1. Redeployed Computers
Back up all local data and pertinent profile information; o Backup local data to designated network location or storage device.
Add new user profile to LAN and delete former user profile, as needed; o Create new user in Active Directory on Domain Controller server. o Disable Account of former user, and place in Disabled Employee OU in Active Directory.
All redeployed computers will be reformatted;
o Microsoft Deployment Tool will re -image Computer.
If reformatted, reload drive image with required software; 0 Software will be re- installed after MDT completes.
Activate Microsoft Office.
Document all work in Asset Tracking Service Request system; o Computer Information tracked with our monitoring agent, and syncs with our asset management system.
Configure computer for use on the network, printers, e- mail, and any other features required by Customer;
o Join PC to domain.
o Place in proper OU in Active Directory.
o Create user profile.
o Setup Outlook and Signature.
o Install Network Printers, if not installed via GPO.
o Install Mapped Drives, if not installed via GPO.
o Install Local USB Printer, if requested.
o Set Default Programs.
o Install additional software onsite from server, as needed.
Ship or deliver unit to Customer, as necessary; and
o Setup PC and additional hardware onsite.
Assist Employee in all logon procedures (e -mail, network, etc.). o Test with user, and ensure everything functional
2. New Computers and Servers
a Load drive image with required software and any required local data; o Microsoft Deployment Tool will image Computer.
Configure computer for use on the network, printers, e- mail, and any other features required by Customer;
o Join PC to domain.
o Place in proper OU in Active Directory.
o Create user profile.
o Setup Outlook and Signature.
o Install Network Printers, if not installed via GPO.
o Install Mapped Drives, if not installed via GPO.
o Install Local USB Printer, if requested.
o Set Default Programs.
o Install additional software onsite from server, as needed.
Document all work in Asset Tracking Service Request system; o Computer Information tracked with our monitoring agent, and syncs with our asset management system.
Provide all new media and licenses to Customer;
o Distribution Group is typically created so licensing goes to both client and Numa Networks.
Ship or deliver unit to Employee, as necessary;
o Setup PC and hardware onsite.
Assist Employee in all log on procedures ( e -mail, network, etc.); and o Test with user, and ensure everything functional.
This general procedure will apply to both client computers and servers. o Servers will also be deployed via MDT.
G. General Support
1. Overall Response Schedule
Numa Networks will deliver ongoing, unlimited support for The City of Lomita System implementation and maintenance. Our service will include remote access, telephone, and on -site help when necessary, per the following schedule if the device is under warranty and the support contract:
A: Telephone callback:
Business Hours M -F ( B: OOam- S: OOpm) 2 hours
All Other Times ( Critical issues) 15 min
All other times ( None critical) Next business day
B: Remote access assistance from qualified technician logging into network, computer or server:
Business Hours M -F ( B: OOam- S: OOpm)
All Other Times ( Critical issues)
All other times ( None critical)
C: On -Site Service from time of first contact:
Critical Issues that require onsite presence:
All other issues that require onsite presence:
2 hours
15 min
Next business day
As soon as possible
As available
2. Scope
Numa Networks will be expected to provide competent managed support and technical help on all aspects of Windows Networking, including, but not limited to, Hardware, Software, Servers, and Peripheral Equipment, and to assist City of Lomita and its staff in day -to -day maintenance and administration of its IT /IS environment. We
do not manage phones or run cables but will happily provide vendor liaison and assistance. This also includes First level end -user support, Second Level end -user support, and vender support manageme
EXHIBIT B
COST PROPOSAL
Cost Proposal / Pricing Information
Monthly Recurring Charges
Monthly Recurring Charges ( MRC) List Price Multi -Year Discount
1) Month to Month 6, 900.00 4, 810.00
2) One - Year 6, 750.00 4, 700.00
Negotiated to
3) Two —Year 5, 400.00 4, 500.00 1$ 4,200/ Month
Flat Rate Charges for Other,/Future
Re- Deploy Computer 200.00
Deployment of New Computers 250.00
Hourly ( T / M)
160 per hour
Deployment of New Servers
with a minimum
of 2 hours
Installation of New VPN 150. 00
Configuration of New PDA /Phone 150. 00
Incremental Increase in MRC per
computer 80.00
Incremental Increase in MRC per
Server 200. 00
Incremental Increase in MRC per
VPN
Incremental increase in MRC per
PDA
On site Service Requests
Backup Charges
Level 1 -2 $ 125
Project Bill Rate Level 3 $ 160
Agree No. 2019 -05
FIRST AMENDMENT TO
AGREEMENT BETWEEN THE CITY OF LOMITA AND NUMA NETWORKS FOR EQUIPMENT
PURCHASE AND PROFESSIONAL SERVICES
This First Amendment to the Agreement between the City of Lomita ( " City ") and Numa Networks ( " Consultant ") for Equipment Purchase and Professional Services for Managed IT Services is made and entered into this 5th day of February 2019.
WHEREAS, the City and Consultant are parties to an Agreement for professional services for the above referenced projects dated September 4, 2018 ( "the Agreement "); and WHEREAS, the City and Consultant desire to amend the Agreement to include additional services to the scope of services as described in Exhibit A in the Agreement and to include additional corresponding price information to Exhibit B of the Agreement.
NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant hereby agree as follows:
1. Scope of Services. Exhibit A (Scope of Services) of the Agreement shall be amended to add the attached Exhibit Al as additional services to be performed by Consultant in addition to the already stated services found in Exhibit A of the Agreement.
2. Consideration and Compensation. Exhibit B ( Cost Proposal) of the Agreement shall be amended to add the attached Exhibit B1 as additional pricing information in addition to the already stated pricing information found in Exhibit B of the Agreement.
3. No other changes. All terms, conditions and other provisions of the Agreement, including all Exhibits thereto, not affected by this First Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the 5th day of February 2019, at Lomita, California.
NUMA NETWORKS
By
Warren Hino
Consultant
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CITY OF LOMITA
B (y 1 0
Rya moot
Mana
Attest:
Sandra Medina
City Clerk
1. On-Site IT Support Services
3 days per week; ( 3. 5 minimum hours per day)
Specific days to be determined based on City need
City may reduce the number of days based on need
2. Server Replacement Proiect Labor Cost
2) Setup Server — Install Server 2016 — Install and Prep Monitoring — Update Windows / Firmware BIOS
Configure switching and MD Storage array
VMWare
Create ( 5) New VM
SRV- COL- DC01 - 8GB RAM, C: 120 / D: 2TB
SRV- COL- APP02 - 16GB RAM, C: 120 D: 250 / E: 75 ( Scratch) ARV- COL- APP03 - 16GB RAM C: 120 D: 250 / E: 75 (Scratch) SRV- COL- RDS01 - 16GB RAM C: 120 D: 25011
INCODE Server ( LOMCHSQL1) SRV- COL- APP01
Migrate 13 Network Printers
LASERFICHE ( LASERFICHE) - SRV- COL- APP03
Work with ECS Imaging to grant them remote access to server as they will manage the LASERFICHE migration from 9. 2 to the most current version. Confirmed with support they will install SQL Express.
ECS indicated they have 10 reserved hours to work from on this" Migrate 10 Network Printers
Terminal Server ( LOMCFITERM1) - SRV- COL- RDS01
Install Office 2010 ProPlus ( client owns licensing and software) Install LaserFische Client and Incode Client ( Outlook add- on for Laserfische included) Configure 5 user profiles
Work with -existing IT providor to update NAT policy to point to the new RDS Server Configure APC UPS and PCN appliance for proper shutdown Migrate the.\\ Water Utility Share ( < 10GB files) from LOMCHSRV3 and migrate to SRV- COL- DC01 and update GPO' s / login scripts as necessary .
Check to ensure LOMCHSRV3 does not run any other dependencies and DCPROMO down and decom this server -
Deliver all equipment / rack and stack ( 2 techs)
65265. 00001 \31789883. 1
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Move Current Backup to separate VLAN
1. Implement GPO for locking screen
2. Implement GPO for stronger password requirements
3. Active Directory cleanup ( delete terminated employees, service accounts, test accounts, Domain Admin membership, etc)
4. GPO cleanup/ drive mapping best practices implementation
5. File share permissions security upgrade i. e. LOMCHAPP1 ( everyone has full control) Deliver all equipment / rack and stack ( 2 techs)
Requirements:
Windows based Outlook clients will be at version 2010 SP2 ( w/ updates KB2956191 and KB2965295) or higher and 2011 or higher for Macs
COL confirms through existing IT providor that there are valid backups for all servers to be decomissioned prior to commencing project
Assumptions:
At least ( 8) GB ports free on current switch stack for servers At least ( 4) 10/ 100 switch ports free for management
At least 12U of space free for servers, UPS, and MD Array.
3. Office 365 Migration
Office 365 Migration - Client will provide licensing
Office 365 Migration Tool — Up to 65 users
4. InCode10 Installation
Incode 10 Upgrade and Installation: Incode 10 upgrade and vendor liaison assistance for Incode vendor Tyler Technologies.
Upload Incode 9 data for data conversion to Tyler Technologies. This will happen once at the beginning of the project and once during the project.
Set up Windows VM for Incode 10
install SQL Server 2016 on VM
Set up remote access for Tyler Technologies
Install Incode 10 software on end-user PCs (26 PCs)
Configure access to Incode Express ( web app) on firewall Assumptions New server hardware is available and ready to set up
Tyler Technologies will handle the installation and configuration of Incode 10 on the VM Tyler Technologies will provide the documentation or training needed to upgrade end- user PCs 65265. 00001 X3 1789883. 1
1/ 29/ 19
LOU', Ir M
Monthiv RP-mirrinn rthnrnac
Monthly Recurring Charges.:,
No W. 0
Cost
On an as- needed basis as determined by the City 3, 600. 00 ($ 75/ hr.) 3 site visits per week (# 1 on prior page)
Minimum 3. 5 hours per day)
rM E - - d- r% - ® A# W& N am aft, d 0 • I
rid-L mate %.Pna.rges iror utnern- uture
65265. 00001\ 31789883. 1
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Agree No 2020- 33
SECOND AMENDMENT TO
AGREEMENT BETWEEN THE CITY OF LOMITA AND NUMA NETWORKS FOR EQUIPMENT
PURCHASE AND PROFESSIONAL SERVICES
This Second Amendment to the Agreement between the City of Lomita (' City') and Nurna Networks (" Consultant") for Professional Services for Managed IT Services is made and entered into this 150 day of September 2020.
WHEREAS, the City and Consultant are parties to an Agreement for professional services for dated September 4, 2018 (`the Agreement"); and
WHEREAS, Amendment No. 1 to said Agreement between the City and Consultant for Equipment Purchase and Professional Services for Managed IT Services was made and entered into on February 5, 2019.
WHEREAS, the City and Consultant desire to amend the Agreement to extend the term of the Agreement and revise fee schedules. The Agreement is set to expire on September 4, 2020.
NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant hereby agree as follows:
1. Term of Agreement. The term of the Agreement shall be extended to September 4, 2023. It is understood that any and all Services requested by City that fall outside of the terms of this Agreement and its amendments will be considered Projects, and will be quoted and outlined in a separate SOW.
2. Exhibits. In addition to the work plan as outlined in the Agreement and Amendment No. 1 of the Agreerrr-K Consultant will provide complete ongoing technical assistance and system managemPart on the following systems as set forth in Exhibit A. Certain fees relating to the services being provided are amended as set forth in Exhibit B. Exhibit A and Exhibit B attached hereto are incorporated herein by reference.
3. No other changes. All terms, conditions and other provisions of the Agreement and Amendment No. 1 to the Agreement, including all Exhibits thereto, not affected by this Second Amendmend shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on the 15th day of September 2020, at Lomita, Califomia.
NUMA NETWORKS
Consultant
CITY OF LOMITA
Amendment 2: Exhibit A Cost Proposal Update for Professional Services Cost The Work Plan
SCOPE OF SERVICES
The following scope describes the work that will be completed to deliver the managed support services for the City of Lomita. Numa Networks goal is to improve ongoing support, maintenance, develop an infrastructure life cycle replacement schedule, and improve security processes and procedures for the City of Lomita. Numa Networks is in agreement with the City of Lomita in regard to the aging server report and a potential lack of Disaster Recovery.
A. Documentation
Whether or not it is specifically addressed below, Numa Networks will provide and maintain complete documentation for all work undertaken and provide this documentation in electronic form unless otherwise noted.
B. Number of Users / Devices
In addition to the work plan as outlined in the September 4, 2018 agreement and Amendment No. 1 dated February 5, 2019, Numa Networks will provide complete ongoing technical assistance and system management on the following systems as amended:
Services Current , Revision '
Managed Computers 140 156 3
Managed Servers 11 11
Managed Routers 13 c 5
Antispam Accounts 150 70
Antivirus Accounts 50 56
Note: Quantity of managed servers reflects servers currently online. Efforts to decommission two servers are currently in progress.
Amendment 2: Exhibit B Cost Proposal Update for Professional Services Cost Amended Cost Proposal / Pricing Information
Monthly Recurring Charges
Monthly Recurring Charges ( MRC) Current
Current j $ 4, 280
September 1, 2020 ( 2%) 4,365 i
September 1, 2021( 2%) I $ 4,452
September 1, 2022 ( 2%) 4, 541 ,
On -Site Support
On -Site Support Pricing ( Monthly)
Current 3, 600
September 1, 2020 2% 3,672
September 1, 2021 2% 3, 745
September 1, 2022 2%) 3, 820
Flat Rate Charges for Other/ Future
Deployment of New Computers J $ 350
Incremental Increase in MRC per Computer i $ 85
Project Bill Rate ; level 1- 2 - $ 125 Level 3 - $ 175