THIRD AMENDMENT TO THE VEEAM SERVICE AGREEMENT
BETWEEN THE CITY OF REDONDO BEACH
AND ILAND INTERNET SOLUTIONS CORPORATION
THIS THIRD AMENDMENT TO THE VEEAM SERVICE AGREEMENT ("Third Amendment") is made between the City of Redondo Beach, a chartered municipal corporation ("Customer") and iland Internet Solutions Corporation, a Texas corporation (the “Provider”).
WHEREAS, on December 17, 2019, the parties entered into the VEEAM Service Agreement between the Customer and Provider (the "Agreement"); and WHEREAS, under Section 1.2 of the Agreement, “Order” means a request for services submitted by the Customer to the Provider that have become binding after the Customer and Provider have affirmatively agreed to all terms and conditions concerning the requested services.
WHEREAS, on April 7, 2020, the parties entered into the First Amendment to the Agreement (“First Amendment”) to incorporate Orders for iland Secure Cloud Backup for Office 365 with Veeam and Insider Protection with seven days retention for deleted files, for a 36 month period; and
WHEREAS, on January 17, 2023, the parties entered into the Second Amendment to the Agreement (“Second Amendment”) to incorporate an Order for iland Secure Cloud Backup Bundle with Veeam, iland Secure Cloud Backup with Veeam Cloud Connect, and Insider Protection with seven days retention, for a 42 month period; and WHEREAS, the parties desire to amend the Agreement to add the attached Order.
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendments to the Agreement:
1. Order. The Agreement is hereby amended to incorporate the attached Orders for iland Secure Cloud Backup for Office 365, iland Secure Cloud Backup for Office 365 with Veeam, iland Secure Cloud Backup for Office 365 with Veeam.
2. No Other Amendments. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement, First Amendment, Second Amendment, and this Third Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreement with respect to the subject matter hereof. In the event of any inconsistency between the terms of the Agreement, First Amendment, Second Amendment, and this Third Amendment, the terms of this Third Amendment shall govern.
IN WITNESS WHEREOF, the parties have executed this Third Amendment in Redondo Beach, California, as of this 20th day of June, 2023.
CITY OF REDONDO BEACH, ILAND INTERNET SOLUTIONS
a chartered municipal corporation CORPORATION, a Texas corporation __________________________ By: _______________________
William C. Brand, Mayor Name: _______________________
Title: _______________________
ATTEST: APPROVED:
__________________________ __________________________
Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
__________________________
Michael W. Webb, City Attorney
ATTACHED ORDER
The Order set forth below are attached.
1. One unit of iland Secure Cloud Backup for Office 365 Bundle for a 36 month term in the amount of $0.00.
2. 575 units of iland Secure Cloud Backup for Office 365 with Veeam (Per Licensed User) for a 36 month term in the amount of $1,436.93 per month, paid on an annual basis.
Provider: 11:11 Systems, Inc.
1235 North Loop West, Suite 800, Houston, TX, 77008, USA Phone: (800) 697-7088
Email: [email protected]
Work Order
Customer: City of Redondo Beach
Customer #: 130847739
End Customer: City of Redondo Beach
Date: June 13th, 2023
Work Order #: 00070239-95263
Data Center: Dallas - USA
Contract Term: 36 Month(s)
Payment Terms: Net 30
Invoice Frequency: Annually
SALESPERSON EMAIL PHONE EXT
Jesse Poole [email protected] x
Secure Cloud Backup
Item Number Description Quantity Cost per Unit Monthly Cost BCKP-O365-BUN iland Secure Cloud Backup for Office 365 Bundle 1 USD 0.00000 USD 0.00 BCKP-O365-R-U iland Secure Cloud Backup for Office 365 with Veeam (per licensed user)
575 USD 2.49900 USD 1,436.93
BCKP-O365-B-U iland Secure Cloud Backup for Office 365 with Veeam (burst rate per exceeding user above reserved licenses) 0 USD 2.49900 USD 0.00
TOTAL USD 1,436.93
Total Monthly Recurring Charges: USD 1,436.93
Total Non-Recurring Charges: USD 0.00
Terms & Conditions
This Work Order (this "Order") is entered into on the date set out above by and between the Provider identified above and the Customer as identified below. This Order is subject to the terms, conditions, and agreements set out in the Service Agreement (the "Agreement") between the Provider and the Customer. The Provider shall provide the resources described above in each case to the Customer, and the Customer shall compensate the Provider at the rates set out above, in each case subject to the terms and conditions set out in the Agreement and the relevant Schedules until this Order is terminated in accordance with the Agreement. If Customer is migrating services from one environment to another environment as part of this work order, billing will begin on the new environment once the Provider confirms the Cloud Resources have been handed off to the customer. Billing will end on the old environment once the Provider confirms the Cloud Resources have been handed off.
The customer will have a 30 day window to ensure all resources are fully migrated and removed without charge. After 30 days if the resources within the old environment remain active, billing for those resources will recommence outside other stipulations highlighted within this work order. In the event that the Customer breaches the terms of the Agreement, the Customer hereby agrees that the Provider shall have the right to modify the Payment Terms identified on this Order. Any modifications allowed in this section shall be effective upon the Customer's receipt of a writing that describes such modification. By signing this Order the undersigned agree to the terms and conditions set out in this Order, the Agreement, the associated Service Schedules attached to the Agreement. Unless the Customer and the Provider agree to an alternative date in writing (the “Delayed Deployment Date”), the Customer acknowledges that both the services and the billing associated with such services will commence when the Provider notifies the Customer that Cloud Resources have been provisioned to the Customer (the “Service Commencement Date”). Customer acknowledges that the Total Monthly Recurring Charges and Total Non-Recurring Charges on the Work Order will be billed in accordance with the Payment Terms, and that the following shall have no impact on the determination of the Service Commencement Date: (1) usage of the services and/or (2) third-party vendor services that haven’t been procured that are required for the Customer to use the services provided under this Work Order.
CUSTOMER: City of Redondo Beach
415 Diamond Street
Redondo Beach California
90277
USA
Customer Reference ID:
(Customer's Internal Tracking)
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Customer PO#:
Promo Code:
Name (Print): \n1\
Title: \contactjobtitle1\
Signature: \s1\
Date Signed: \d1\
11:11 Systems Inc. is the Provider under this Work Order and assumed responsibility for providing the Services under the Agreement with the Customer following its acquisition of iland Internet Solutions Corporation on January 20, 2022.
THANK YOU FOR YOUR BUSINESS!