CITY OF OCALA BLM TECHNOLOGIES OF FLORIDA, LLC. …

CONTRACT# ITS/15-002

AGREEMENT FOR CITYWIDE MANAGED INFORMATION TECHNOLOGY SERVICES

THIS AGREEMENT is entered into this ____ day of ______________, 2014, by and between

the CITY OF OCALA, a Florida municipal corporation (“City”) and BLM TECHNOLOGIES OF

FLORIDA, LLC., a Florida registered limited liability company, d/b/a EvolvTech, (EIN# 26-

3430898) located at 4370 Oakes Road, Suite 700, Ft. Lauderdale, Florida 33314 (“Service

Provider”).

WHEREAS:

The City of Ocala requested quotes for best value and fit from awarded service

providers on the State of Florida Information Technology Consulting Services Contract # 973-

561-10 for the management of information technology services as described below for the

City.

EvolvTech responded, and was the highest ranked of the submitted proposals. This

Service Provider was subsequently selected as the intended awardee for these services.

NOW THEREFORE, in consideration of the matters set forth above (which are

incorporated herein by reference), the parties hereto agree as follows:

1. SERVICES. Service Provider will provide all managed services for the Information

Technology Department for server and network management, application management,

disaster recovery management, security management, and help desk management

utilizing cloud technology as described, and pursuant to the scope of service set forth

on the attached Exhibit A - Scope of Service.

2. SERVICE LEVEL AGREEMENT. Service levels will be maintained and adhered to per

Exhibit B- Service Level Agreement. Penalties for non-performance are detailed in

Exhibit B, and will be deducted from monthly invoice payments. There is a penalty

maximum 35% deduction against any one monthly fee. However, continued serious

service deficiencies, in the sole determination of the City, are grounds for default and

termination of the contract.

3. GRACE PERIOD. To fully implement the required service levels as detailed in Exhibit B,

there will be a grace period of 180 days from the effective date of this contract. This will

allow the Service Provider and the City time to integrate resources, and to learn the

processes and functions within the City.

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4. COMPENSATION. City shall pay Service Provider for the performance of the work, and

in accordance with the contract documents, an annual amount of $453,960 (FOUR

HUNDRED, FIFTY-THREE THOUSAND, NINE HUNDRED AND SIXTY DOLLARS).

Compensation shall be paid to the Service Provider as a monthly payment as described

in Exhibit C, Method of Compensation.

5. TERM. The term of this Agreement shall commence on January 5, 2015, and shall end

on September 30, 2017. The contract may be renewed one (1) time for an additional

three (3) year period upon mutual written agreement from both parties.

6. INDEPENDENT CONTRACTOR STATUS. City expressly acknowledges the Service

Provider is an independent contractor, and nothing in this Agreement is intended nor

shall be construed to create an agency relationship, an employer/employee relationship,

a joint venture relationship, or any other relationship allowing the City to exercise

control or discretion over the manner or method by which Service Provider performs

hereunder.

7. ACCESS TO FACILITIES. City will provide Service Provider with access to the Facilities

so as to permit Service Provider to meet its obligations hereunder.

8. INDEMNITY. Service Provider shall indemnify City and its elected officials, employees

and volunteers against, and hold City and its elected officials, employees and volunteers

harmless from, all damages, claims, losses, costs, and expenses, including reasonable

attorneys’ fees, which City or its elected officials, employees or volunteers may sustain,

or which may be asserted against City or its elected officials, employees or volunteers,

arising out of the activities contemplated by this Agreement including, without

limitation, harm or personal injury to third persons during the term of this Agreement

to the extent attributable to the actions of Service Provider, its agents, and employees.

9. ADDITIONAL INSURED. The “City of Ocala” shall be added to all third party coverage

required by and provided for this contract as an “ADDITIONAL INSURED,” but only to

the extent of the risk obligations assumed hereunder by Service Provider.

10. MISCELLANEOUS INSURANCE PROVISIONS.

A. Severability of Interests. Service Provider shall arrange for its liability insurance to

include, or be endorsed to include, a severability of interests / cross liability

provision, so that the “City of Ocala” (where named as an additional insured) will be

treated as if a separate policy were in existence, but without increasing the policy

limits.

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B. Insurance Requirements. These insurance requirements shall not relieve or limit the

liability of the Service Provider. The City does not in any way represent that these

types or amounts of insurance are sufficient or adequate to protect the Service

Provider’s interests or liabilities, but are merely minimums. No insurance is provided

by the City under this contract to cover the Service Provider.

C. Duplicate Coverage.

1. Insurance required of the Service Provider or any other insurance of the Service

Provider shall be considered primary and insurance or self-insurance of the City

shall be considered excess, as may be applicable to claims against the City which

arise out of this contract.

2. Insurance written on a “Claims Made” form is not acceptable without City of

Ocala Risk Management consultation.

3. No work shall be commenced under this contract until the required Certificate(s)

have been provided. Work shall not continue after expiration (or cancellation) of

the Certificate and shall not resume until new Certificate(s) have been provided.

D. Deductibles. Service Provider’s deductibles/self-insured retentions shall be disclosed

to the City and may be disapproved by the latter. They shall be reduced or

eliminated at the option of the City. The Service Provider is responsible for the

amount of any deductible or self- insured retention.

E. Certificates. Service Provider shall provide a Certificate of insurance, issued by an

agency authorized to do business in the State of Florida and with an A.M. Best

rating* of at least A, showing the “City of Ocala” as an Additional Insured. The City

of Ocala, Procurement Department, 110 SE Watula Ave, Ocala, FL 34471 should be

shown as the Certificate Holder. Renewal certificates must also be forwarded to the

Procurement Department prior to the policy expiration. Ten (10) days written notice

must be provided to the City of Ocala’s Procurement Department in the event of

cancellation.

*Non-rated insurers must be pre-approved by the City Risk Manager.

11. LIABILITY INSURANCE. General liability insurance, with combined single limits of not

less than $1,000,000 per occurrence shall be provided and maintained by the Service

Provider. The only aggregate limit acceptable is a “project aggregate” and the

Certificate must show an appropriate endorsement (ISO CG2501 or equal).

A. If the Commercial General Liability form is used:

1. Coverage A - shall include premises, operations, products and completed

operations, independent contractors, contractual liability covering this contract

and broad form property damage coverage.

2. Coverage B - shall include personal injury.

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3. Coverage C - medical payments, is not required.

B. If the Comprehensive General Liability form is used, it shall include at least:

1. Bodily Injury and Property Damage liability for premises, operations, products

and completed operations, independent contractors, and property damage

resulting from explosion, collapse or underground (XCU) exposures.

12. BUSINESS AUTO LIABILITY. Business Auto Liability insurance shall be provided by the

Service Provider with combined single limits of not less than $1,000,000 per occurrence

and is to include bodily injury and property damage liability arising out of operation,

maintenance, or use of any auto including owned, non-owned and hired automobiles

and employee non-ownership use.

13. WORKERS’ COMPENSATION. Service Provider shall purchase and maintain Workers’

Compensation insurance for statutory requirements and employers liability limits of at

least $1,000,000 each accident and $1,000,000 each employee, $1,000,000 policy limit

for disease, and shall be responsible for ensuring that any subcontractor has statutory

coverage. City need not be named as an Additional Insured, but a subrogation waiver

endorsement is required.

14. RELATIONSHIP OF PARTIES. Neither this Agreement, nor any term, provision, payment

or right hereunder shall in any way or for any purpose constitute or cause City to

become or be deemed a partner of Service Provider in the conduct of its business, or

otherwise, or to cause City to become or be deemed a joint adventurer or a member of

a joint enterprise with Service Provider, as City is and shall remain an independent

Service Provider by reason of this Agreement.

15. TERMINATION. If the Service Provider defaults in the performance or materially

breaches any provision of this Agreement, the City may, at its option, terminate this

Agreement by giving written notification thereof to the other party at least thirty (30)

days in advance of termination. Termination of this Agreement shall have no effect

upon the rights of the parties that accrued prior to termination.

16. DEFAULT. This Agreement is critical to the City and the City reserves the right to

immediately cancel either in whole or in part any portion of this Agreement due to

failure of the Service Provider to carry out any obligation, term, or condition of the

Agreement. The City will issue a written notice of default effective immediately and not

deferred by any interval of time. Default shall be considered to be any act or failure to

act on the part of the Service Provider including, but not limited to, any of the

following:

A. Service Provider fails to adequately perform the services set forth in the

specifications of the Agreement;

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B. The Service Provider provides material that does not meet the specifications of the

Agreement;

C. Service Provider fails to complete the work required within the time stipulated in the

Agreement; and

D. Service Provider fails to make progress in the performance of the Agreement and/or

gives the City reason to believe that the Service Provider will not or cannot perform

to the requirements of the Agreement.

17. REMEDIES/OPPORTUNITY TO CURE. If Service Provider defaults on any provision of

this Agreement, City may, at its sole discretion, give written notice to Service Provider

detailing Service Provider’s violations and giving Service Provider an opportunity to cure

the default. If such violation is not corrected to the reasonable satisfaction of City within

the time required by the City to cure the default, after the date of notice of violation,

the City may, without further notice, declare Service Provider to be in breach of this

Agreement and pursue any and all remedies available at law or equity, including

termination of this agreement without further notice and all rights of Service Provider

hereunder. Notwithstanding City's termination of the Agreement, Service Provider shall

remain liable to City for damages, costs, or attorney's fees arising prior to such

termination. In case of default, the City reserves the right to hire another Service

Provider to complete the required work in accordance with the needs of the City. City

may recover any actual excess costs from the Service Provider by: (a) Deduction from an

unpaid balance, or (b) Any other remedy as provided by law.

18. WAIVER. The failure or delay of any party at any time to require performance by

another party of any provision of this Agreement, even if known, shall not affect the

right of such party to require performance of that provision or to exercise any right,

power or remedy hereunder. Any waiver by any party of any breach of any provision of

this Agreement should not be construed as a waiver of any continuing or succeeding

breach of such provision, a waiver of the provision itself, or a waiver of any right, power

or remedy under this Agreement. No notice to or demand on any party in any

circumstance shall, of itself, entitle such party to any other or further notice or demand

in similar or other circumstances.

19. FORCE MAJEURE. Neither party shall be responsible for damages or delays caused by

Force Majeure or other events beyond the reasonable control of the party and which

could not reasonably have been anticipated or prevented. For purposes of this

Agreement, Force Majeure includes, but is not limited to, adverse weather conditions,

floods, epidemics, war, riot, lockouts, and other industrial disturbances; unknown site

conditions, accidents, sabotage, fire loss of or failure to obtain permits, unavailability of

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labor, materials, fuel, or services; court orders; acts of God; acts, orders, laws, or

regulations of the Government of the United States or the several states, or any foreign

country, or any governmental agency. In the event that Force Majeure occurs, the

parties shall mutually agree on the terms and conditions upon which services may

continue.

20. ASSIGNMENT. Neither party may assign this Agreement or the rights and obligations

there under to any third party without the prior express written approval of the other

party, which shall not be unreasonably withheld.

21. SEVERABILITY OF ILLEGAL PROVISIONS. Wherever possible, each provision of this

Agreement shall be interpreted in such a manner as to be effective and valid under the

applicable law. Should any portion of this Agreement be declared invalid for any

reason, such declaration shall have no effect upon the remaining portions of this

Agreement.

22. NON-DISCRIMINATORY EMPLOYMENT PRACTICES. During the performance of the

contract, the Service Provider agrees to not discriminate against any employee or

applicant for employment because of race, color, religion, ancestry, national origin, sex,

pregnancy, age, disability, marital status, familial status, sexual orientation or veteran

status and will take affirmative action to ensure that an employee or applicant is

afforded equal employment opportunities without discrimination. Such action shall be

taken with reference to, but not limited to: recruitment, employment, termination, rates

of pay or other forms of compensation and selection for training or retraining, including

apprenticeship and on-the-job training.

23. PUBLIC ENTITY CRIMES. Service Provider on its behalf and its affiliates agrees and

affirms that it has not been placed on the convicted Contractor list following a

conviction of a public entity crime as provided for in Section 287.133(2)(a), Florida

Statutes, which states that a person or affiliate who has been placed on the convicted

Contractor list following a conviction for public entity crime may not submit a bid on a

contract to provide any goods or services to a public entity, may not submit a bid on a

contract with a public entity for the construction or repair of a public building or public

work, may not submit bids on leases or real property to a public entity, may not be

awarded or perform work as a contractor, supplier, subcontractor, or consultant under a

contract with any public entity, and may not transact business with any public entity in

excess of the threshold amount provided in Section 287.017, for CATEGORY TWO, for a

period of 36 months from the date of being placed on the convicted Contractor list.

24. NOTICES. All notices, certifications or communications required by this Agreement shall

be given in writing and shall be deemed delivered when personally served, or when

received if by facsimile transmission with a confirming copy mailed by registered or

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certified mail, postage prepaid, return receipt requested. Notices can be concurrently

delivered by email. All notices shall be addressed to the respective parties as follows:

If to Service Provider: EvolvTec Jim Jones, VP of Engineering Services 4370 Oakes Road, Suite 700

Ft. Lauderdale, FL 33314 Phone: 954-587-5521 x250 Fax: 954-587-7210 Email: [email protected]

If to City of Ocala: Tiffany Kimball Director of Contracts 110 SE Watula Avenue, 3rd Floor Ocala, Florida 34471 Phone: 352-629-8366 Fax: 352-690-2025 Email: [email protected] Copy to: Patrick G. Gilligan, Esquire

Gilligan, Gooding & Franjola, P.A. 1531 S.E. 36th Ave. Ocala, Florida 34471 Phone: 352-867-7707 Fax: 352-867-0237 Email: [email protected]

25. ATTORNEYS' FEES. If any civil action, arbitration or other legal proceeding is brought

for the enforcement of this Agreement, or because of an alleged dispute, breach,

default or misrepresentation in connection with any provision of this Agreement, the

successful or prevailing party shall be entitled to recover reasonable attorneys' fees,

sales and use taxes, court costs and all expenses reasonably incurred even if not taxable

as court costs (including, without limitation, all such fees, taxes, costs and expenses

incident to arbitration, appellate, bankruptcy and post-judgment proceedings), incurred

in that civil action, arbitration or legal proceeding, in addition to any other relief to

which such party or parties may be entitled. Attorneys' fees shall include, without

limitation, paralegal fees, investigative fees, administrative costs, sales and use taxes and

all other charges reasonably billed by the attorney to the prevailing party

26. JURY WAIVER. IN ANY CIVIL ACTION, COUNTERCLAIM, OR PROCEEDING,

WHETHER AT LAW OR IN EQUITY, WHICH ARISES OUT OF, CONCERNS,

OR RELATES TO THIS AGREEMENT, ANY AND ALL TRANSACTIONS

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mailto:[email protected]


CONTEMPLATED HEREUNDER, THE PERFORMANCE HEREOF, OR THE

RELATIONSHIP CREATED HEREBY, WHETHER SOUNDING IN CONTRACT,

TORT, STRICT LIABILITY, OR OTHERWISE, TRIAL SHALL BE TO A COURT OF

COMPETENT JURISDICTION AND NOT TO A JURY. EACH PARTY HEREBY

IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY.

NEITHER PARTY HAS MADE OR RELIED UPON ANY ORAL

REPRESENTATIONS TO OR BY ANY OTHER PARTY REGARDING THE

ENFORCEABILITY OF THIS PROVISION. EACH PARTY HAS READ AND

UNDERSTANDS THE EFFECT OF THIS JURY WAIVER PROVISION.

27. GOVERNING LAW. This Agreement is and shall be deemed to be a contract entered

into and made pursuant to the laws of the State of Florida and shall in all respects be

governed, construed, applied and enforced in accordance with the laws of the State of

Florida.

28. JURISDICTION AND VENUE. The parties acknowledge that a majority of the

negotiations, anticipated performance and execution of this Agreement occurred or

shall occur in Marion County, Florida. Any civil action or legal proceeding arising out of

or relating to this Agreement shall be brought only in the courts of record of the State

of Florida in Marion County or the United States District Court, Middle District of

Florida, Ocala Division. Each party consents to the exclusive jurisdiction of such court in

any such civil action or legal proceeding and waives any objection to the laying of

venue of any such civil action or legal proceeding in such court and/or the right to

bring an action or proceeding in any other court. Service of any court paper may be

effected on such party by mail, as provided in this Agreement, or in such other manner

as may be provided under applicable laws, rules of procedures or local rules.

29. REFERENCE TO PARTIES. Each reference herein to the parties shall be deemed to

include their successors, assigns, heirs, administrators, and legal representatives, all

whom shall be bound by the provisions hereof.

30. MUTUALITY OF NEGOTIATION. Service Provider and City acknowledge that this

Agreement is a result of negotiations between Service Provider and City, and the

Agreement shall not be construed in favor of, or against, either party as a result of that

party having been more involved in the drafting of the Agreement.

31. AMENDMENT. No amendment to this Agreement shall be effective except those

agreed to in writing and signed by both of the parties to this Agreement.

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32. SECTION HEADINGS. The section headings herein are included for convenience only

and shall not be deemed to be a part of this Agreement.

33. COUNTERPARTS. This Agreement may be executed in counterparts, each of which

shall be an original and all of which shall constitute the same instrument.

34. RIGHTS OF THIRD PARTIES. Nothing in this Agreement, whether express or implied, is

intended to confer any rights or remedies under or by reason of this Agreement on any

persons other than the parties hereto and their respective legal representatives,

successors and permitted assigns. Nothing in this Agreement is intended to relieve or

discharge the obligation or liability of any third persons to any party to this Agreement,

nor shall any provision give any third persons any right of subrogation or action over or

against any party to this Agreement.

35. ELECTRONIC SIGNATURE(S). Service Provider, if and by offering an electronic signature

in any form whatsoever, will accept and agree to be bound by said electronic signature

to all terms and conditions of this agreement. Further, a duplicate or copy of the

agreement that contains a duplicated or non-original signature will be treated the same

as an original, signed copy of this original agreement for all purposes.

36. ENTIRE AGREEMENT. This Agreement, including exhibits, (if any) constitutes the entire

Agreement between the parties hereto with respect to the subject matter hereof. There

are no other representations, warranties, promises, agreements or understandings, oral,

written or implied, among the Parties, except to the extent reference is made thereto in

this Agreement. No course of prior dealings between the parties and no usage of trade

shall be relevant or admissible to supplement, explain, or vary any of the terms of this

agreement. Acceptance of, or acquiescence in, a course of performance rendered under

this or any prior agreement shall not be relevant or admissible to determine the

meaning of this Agreement even though the accepting or acquiescing party has

knowledge of the nature of the performance and opportunity to make objection. No

representations, understandings, or agreements have been made or relied upon in the

making of this Agreement other than those specifically set forth herein.

THIS PART INTENTIONALLY LEFT BLANK

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37. CONTRACT DOCUMENTS. The contract documents that comprise the entire Agreement

between the City and Service Provider are made a part hereof, and are listed as exhibits.

There are no contract documents other than those listed below. If there is a conflict in

terms between this Agreement and the contract documents, then the terms of this

Agreement will control over the terms of the contract documents listed below.

Exhibit A: Scope of Work (A-1 through A-9)

Exhibit B: Service Level Agreement (B-1 through B-12)

Exhibit C: Method of Compensation (C-1)

IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth

above.

ATTEST:

CITY OF OCALA:

____________________________________

Angel B. Jacobs

City Clerk

___________________________________

Jay A. Musleh

City Council President

Approved as to form and legality:

_______________________________________

Patrick G. Gilligan

City Attorney

BLM Technologies of Florida LLC:

By: ___________________________________

Jim Jones, VP

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Summary of Information Technology Services and Applications

Description City Hall IT Department Police Department IT

Staffing and Users FY 2014 Staffing 14 Full-time, 1 Part-time employee(s) 3 Full-time employees

Supported Users (on-site and remote) 599 users, Licensed for 650 users 323 users

Physical Network and Equipment Summary Total number of servers 47 physical servers and devices, 76

virtual 29 physical, 82 virtual

Do all servers run Windows OS and if so what version?

Yes, mixed environment, primarily Windows

2K3, 2K8, 2K12, Linux (SUSE/Redhat/Ubuntu)

The version of Windows OS that the PCs run

Windows – XP thru Windows 8

Windows – XP thru Windows 7

Backup solution in place Disk to disk to tape method daily, weekly, monthly copies of all data copied to local and remote locations Applications running on servers 114 43

Virtualization technology used VMware VMware 4.x/5.x

Workstations 637 (includes laptops), Dell f d

428 (includes laptops), Dell and IBM

Office Suite Office 2007

City IT provided, installed on all workstations Database SQL 2003, 2008 Database: SQL 2003,2005, 2008, 2012

1.0 MANAGED SERVICES

Service Provider will manage each of the following:

o Server Management and Support o Terminal Server Management and support o Network Management and Support o Desktop (Windows XP, 7), Virtual Desktop, Laptop & Tablet Support o Help Desk Support o Vendor Management o Other User Support (not included above) o Manage and maintain Electronic Mail o Manage and maintain external (public facing) Websites o Manage and maintain internal Intranet o Manage and maintain security of equipment and data o Manage and maintain Firewalls/VPN/VDI Access

Software and appliances for securing corporate network Granular security with the ability to define permissions to users based on

access requirements. Use standard external authentication mechanisms. Examples of these are

certificates, Microsoft Active Directory and LDAP. Supply frequent software and firmware updates as well as frequent and

automatic virus pattern updates and intrusion detection updates. Control various types of traffic between interfaces using policies or rules. Track and log traffic, access, attacks, etc. Analyze traffic for viruses, malware and other malicious traffic. Support modern data types (protocols) such as VoIP, Video Conferencing,

etc.

EXHIBIT A- SCOPE OF SERVICE Contract# ITS/15-002

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o Security Plan for Remote Processing o Provide and support IT Operational Recovery Plan o Reporting to Management

Applications Support • The applications listed below may transition to SaaS model if available and managed by the

application vendors. However, Service Provider may manage these if they are not turned over to the third party vendors.

o Lucity Work Order and Asset Software o Tyler-Eden ERP System o CRW TraKit Software o Cogsdale Billing and Work Management System o Fuel Master Software o OnBase Content Manager o Tyler Content Manager o ProjectDox

• Report/Query Support

• Printers/Scanners

• Desktops

o Assist in completing the transition of Windows XP to Windows 7 utilizing VDI. o Windows 7 running GIS software, not virtualized. o Desktop Monitors and Thin Clients.

• Servers/Databases/Terminal Servers

o Application of service packs and security fixes o Server migration o Database analysis and maintenance o Evaluation, setup and management of maintenance plan o Backup and recovery of databases o Database updates o Performance monitoring and tuning o Troubleshoot SQL server connectivity issues o Inbound/Outbound authentication

• Maintenance Service Reports to Client

o Report furnished upon completion of all maintenance requests performed on specific equipment.

o Report should include at a minimum the following: Date and time notified Date and time of arrival Description of malfunction reported Diagnosis of failure and work performed Date and time failure was corrected Charges for services, if applicable Name and person performing the service MTTA (Mean Time to Arrive) MTTR (Mean Time to Repair/Restore)


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the IT people 0 U l Trhnolwia ofnddd, LC, D M

Scope of Services

Describe your Service Level Agreements (SLAs) - Our SLA's our custom toilored to f i t the needs of each of our customers. We offer the standard 2 hour response with a 4 hour on site, next business on site or a 2 hour on site. All of these are with the necessory parts and/or knowledge needed to get our customer operational ASAP. Provide a copy of your Service Agreement. -Please see attachedservice Agreements and

addendums.

Describe your termination and retention policies. -Regarding customer agreements we provide a thirty day written notice that can be issued by either the customer or ourselves, if i t appears that we ore unable To provide a close, mutuolly agreeable working relationship. If i t is pertaining to our personnel, we only provide those Customer Engineers that ore fully capable to provide the necessory support for ony problems that moy arise. Describe any limitations that you have with PaaS, laaS and SaaS Platforms. - We work very closely with the customer and our Dota Center providers. Working closely with the City of Ocola team we con provide a toilored solution to the City. State the Cloud Provider used, if you do not own the Cloud Services. - DSM, located a t 6810 New Tampa Highway, Lakeland, FL 33815. www.dsm.net What is your promised network and systems availability? - With the duplication of services through DSM we ore able to provide guaranteed uptimes of 99.9%, but 100% of your Dato protection. What is your remedy for non-performance? - working closely with the City we strive to meet all of the expectations, but if in the unlikely event that we fail t o meet the expectations of the City we will address the foilure to meet those expectations. We can provide a financial reimbursement back to the City as a 'promise of service' t o ensure we meet the needs of the City. What is your data preservation policy? -Al l data is kept at ourpartner DSM facility which meet and exceed all requirements for data security. How do we retrieve our data if contract is terminated? - We will provide the necessory doto to whotever facility requested by the City. This will provided within 3 working doys Our hours of operation are 7:00 to 5:00 pm, Monday - Friday. 2417 Support for Police and System Control. Describe the support module for all hours of operation. - EvolvTec operates 24 hours 7 doys a week 365 days a year. The City can rely on EvolvTec o t ony time to request

support/service. Our Coll Center is manned 24 hours a day, we have Customer Engineers who are on coll24 hours a day so support is alwoys available. Describe your emergency support options. -Beyond those stated above, we will have located in our Service Depot the necessary sparing for critic01 equipment to complete the service request on our first trip on site. Is your support model all-inclusive? If not, what is not included? - Yes, all support is included. Specialized software moy require an additional charge for support from the OEM. Do in-person response, review, and other contact rotate among support staff? - Yes, we have multiple Customer Engineers that will be supporting the City. However, we will have one


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SERVICE PROVIDER RESPONSE

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individual who will be the 'point of contact'for the City. This individual will be able to redirect resources or materials as needed to ensure SLA completion. Proposal should address all of the following by describing how management and support will be handled:

o Server Management and Support - Monitoring andsupport is provided by our Managed Services Agent that we will deploy across your network. This agent is utilized at the Department of Defense, and does not access ony data only hardware attributes. This Agent provides real time data back to our support team who will be monitoring the 'health' of the server(s) (24 hours per day) and who will be proactively 'repairing' issues many times before there is an issue realized by the City.

o Terminal Server Management and support -Again utilizing the ManagedSe~ices Agent above, but for your Terminal Server.

o Network Management and Support - Agoin using the Managed Services Agent to monitor your Network infrastructure.

o Desktop (Windows X P , 7), Virtual Desktop, Laptop & Tablet Support - Using the Managed Services Agent for all of your smart tools including your BYOD devices.

o Help Desk Support Is it limited to a quota of calls? - Calls are only limited to the selected support coverage, we are able to odd to or reduce from with a written request in a 30 day window. What are the help desk hours? If they do not cover all our hours of operations, please describe what coverage will be provided for hours outside of the help desk hours. -Our normal Help Desk hours are Monday through Friday 8 om to 5 pm, we can increase those support times as needed by the City, for a nominal fee. Who can call the help desk? - Dependent upon the selected plan, the City can have assigned personnel who place calls into our Help Desk. Or the City can allow all employees to contact the Help Desk. Our preference is to work with o select few individuals who have a basic understanding of what is needed.

= Is help desk staff local - No they are not located in Ocala, but they are within the State of Florida. What is your average problem resolution time? -Average resolution times for problems placed into our Help Desk are 5 minutes.

= Are help desk staff employees of the company or sub contracted? - They ore a mixture of employees of EvolvTec and sub-contracted Are help desk staff full-time? - They are full time employees

= What is the level of support? - Our Help Desk provides Tier 1 and Tier 2 support, issues beyond this are escalated to our Engineering support team (many times this is made up with our industry partners) What is the skill/certification level of help desk staff? - They hove all achieved the Microsaft Office certifications for their business packages What happens if the help desk cannot resolve the problem? - I t is escalated to our Engineering Support Team Is staff UIS Certified and what is your policy in ensuring continued compliance? - All of our Customer Engineers, Call Center and Help Desk teams are UIS certified. They all undergo additional training every two years t o maintain this certification.


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o Vendor Management - EvolvTec will provide the 'interface' between the City and all of their other IT Vendors. This wil l 011 the City t o hove a single point of contact for any IT issues.

o Other User Support (not included above) o Manage and maintain Electronic Mail - EvolvTec can provide the necessary support to

mointain and manage the Cities Electronic mail system o Manage and maintain external (public facing) Websites - EvolvTec does not currently

provide this support directly, but we can provide this through one of many partners o Manage and maintain internal lntranet - EvolvTec will work directly with your internal

Network operations team t o develop strategies and process t o maintain and manage the Cities intern01 lntranet.

o Manage and maintain security of equipment and data - Will provide a stringent battery of tools t o secure the data of the Cities network from outside intruders.

o Manage and maintain Firewalls/VPN/VDI Access - Again working together with the Cities Network team and our expertise ond tools we will provide t o the City peace of mind when i t comes t o your Firewalls/VPN/VDI access.

Software and appliances for securing corporate network - We can offer a wide variety of tools and strategies employing both software and opplionces t o secure the Cites network. Granular security wi th the ability t o define permissions t o users based on access requirements. - Utilizing our Managed Services Agent we are able t o monitor user accesses and define the necessary permissions for user access based upon needed requirements. The ability t o use standard external authentication mechanisms. Examples of these are certificates, Microsoft Active Directory and LDAP. - EvolvTec has the necessary skills and tools needed t o verify and implement outhenticotions. Supply frequent software and firmware updates as well as frequent and automatic virus pattern updates and intrusion detection updates. - Using our Monoged Services Agent, we are able t o push software andfirmwore updotes olong with virus definitions and intrusion updotes remotely ond an a timed schedule t o least impact the Cities users. Ability t o control various types of traffic between interfaces using policies or rules. - Working wi th the Cities Network Teom we con monitor the traffic between different interfaces and odjust/modify that traffic through the use of policies ond/or rules. Before these are enacted we would present t o the Network Teom so everyone is owore of the changes thot wil l be taking place. Possess the ability t o track and log traffic, access, attacks, etc. - Our Managed Services Agent provides the ability to track ond log all traffic, access (attempts also), attacks, these reports wil l be presented monthly t o the City. Critical issues will be brought t o the attention of the Cities Network Teom so o course of action can be implemented. Possess the ability t o analyze traffic for viruses, malware and other malicious traffic. - Our Managed Services Agent provides the ability t o track and lag all malicious traffi'c, malware, and viruses, these reports wil l be presented monthly t o the City. Critical issues will be brought t o the attention of the Cities Network Teom so o course of action con be implemented.

Possess the ability t o support modern data types (protocols) such as VolP, Video Conferencing, etc. - EvolvTec is fully capable of supporting the Cities VolP, and Video Conferencing, we are Citrix as well as Polycom partners and hove all of their resources available ifneeded.

o Security Plan for Remote Processing o Provide and support IT Operational Recovery Plan o Reporting t o Management


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Who is responsible for managing, monitoring and responding to systems? - Under our plan EvolvTec is responsible for the above, with the approval and guidance from the City Explain what would be required from our current IT Department. - We would work closely in the beginning deploying our Managed Service Agent out into your network. We would create baseline reports showing the activities and statuses of all of the hardware in the network. Once we have those we would work with the City personnel in developing the plan to bring the City up to date. And as we learn the baselines we would also immediately start monitoring the whole network for alerts. In what instance would we incur extra cost? - I f the City were to come up with projects or tasks thot are outside the normal Monitoring/support of the Cities network infrastructure Explain process for handling special requests or projects from your clients. - We encourage meetings with our customers, at least monthly but more than likely weekly especially when we initially start providing services. During those meetings special requests or projects can brought forth, also we will have a Customer Engineer assigned as the Liaison to the City so they could also be made aware of such request before any meetings.

Applications Sup~or t The applications listed below may transition to SaaS model if available and managed by the application vendors. However, please describe how application support will be handled if they are not turned over to the vendors. - EvolvTec will engoge, on the Cities behalf, each of the below vendors to subscribe for support services. The City would still contoct EvolvTec for support; EvolvTec in-turn would contact the specific application vendor requesting the required support.

o Lucity Work Order and Asset Software o Tyler-Eden ERP System o CRW TraKit Software o Cogsdale Billing and Work Management System o Fuel Master Software o OnBase Content Manager o Tyler Content Manager o ProjectDox

Report/Query Support o Describe how support will be provided to staff creating ad hoc reports and queries.

- Reports generated out of our Managed Services Agent would be opened up so that the City staff could create all the queries and reports as necessary.

o Request to create additional queries, reports, forms, table modification as needed,

how will that be provided? and state additional cost involved. - There would be no additionol charge to the City for the creation of additionol queries, reports, forms or table modifications, these will be created with a request to our Liaison.

Printers/Scanners o Each department has Network Printers, state how those will be supported. - The

Network printers will be monitored using our Managed Services Agent. Any alerts would be presented to our team, and the appropriate part(s) would be provided and


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our Customer Engineer would be on-site to repoir the device. This would be covered under our Managed Services agreement.

o Some departments also utilized desktop printers, state how those will be supported. -Desktop printers that are not on the network will be supported vio the Help Desk, a request would be placed for service. That request would be forwarded t o our Customer Engineer who would contoct the end user verify the problem set an ETA for repoir and arrive on site with the necessory part(s) to repair the device. If provided an inventory of equipment thot is not on the network they con be included in the pricing for the MonogedServices.

Desktops o Assist in completing the transition of Windows X P t o Windows 7 utilizing VDI.-

EvolvTec con provide the necessary manpower to make the transition from XP t o Windows 7, this would be considered os a project ond as such i t would be billed outside the normal Monaged Services pricing. The pricing would be determined by the number of devices needing to be upgraded and the timeline for completion.

o Windows 7 running GIS software, not virtualized, state how they will be supported. - EvolvTec will hove to work with your GI5 provider on support issues that we are unable to provide, these units would still be covered under our Monaged Services Agreement.

o Desktop Monitors and Thin Clients, state how they will be supported. - EvolvTec's Manoged Services is calculoted on the number of seats for support, the monitors and thin clients would be included in thot coverage.

Servers/Databases/Terminal Servers -State how these will be managed. - We abide by astrict up-time

policy, which incorporates pre-determined mointenonce windows for mission critic01 opplications and

systems. Bosed on your environment and your degree of redundancy we follow industry best practices

on how to optimize your up-time, while olso keeping your systems up-to-date andsecure.

o Application of service packs and security fixes - Our Monaged Service Agent would remotely push out the necessory service pocks andsecurityfixes for the servers. This would be in coordinotion with the Cities Network Personnel.

o Server migration -Again utilizing the Managed Service Agent as well 0s scheduling server time to be on-site working with the Cities Network Personnel.

o Database analysis and maintenance - Utilizing the baseline metrics from the Monaged Services Agent to provide the analysis of the different database and developing a plonned methodology for maintenance.

o Evaluation, setup and management of maintenance plan - EvolvTec wouldodhere to

the OEM's recommendations as far as preventotive maintenance on all equipment. Utilizing the reports from the Monaged Service Agent reporting on the hardware functionality we would be able to develop a management plan to provide offline maintenance on selected hardware, agoin with the Cities Network Personnel approvals.

o Backup and recovery of databases - EvolvTec prefers to run database lever bockups, and recommend the recovery of any DB to be done to a different path, and preferably on a test DB server.


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o Database updates - The matter of database updates is in our opinion best handled by consulting and following the recommendotion of the application or database provider. In the sense of security updates, i t is our policy to determine the need of the update and apply i t f i rst in o "test" (low impact) system to test the update, and ensure thot now issues arise. Once tested, ond rendered stable we would schedule the applicable maintenance windows to perform said updates.

o Performance monitoring and tuning - Wefollow best practices supplied by industry, application vendor ond based on the metrics we receive from our Managed Service Agent.

o Troubleshoot SQL server connectivity issues - In order to properly resolve any issue, you must first determine the cause; this is the same for connectivity issues. However the tolls used would differ. Although you can ping and connect to a server OS, this does not mean that you can connect to a database instance running on said server. Depending on the issue, i t could be on issue as simple as a credential issue to as complex as using the wrong version the TCP/IP stack ond/or using the wrog version of o driver and/or module when connecting to/fram othersystems.

o lnbound/Outbound authentication How do you ensure that VM Sprawl does not occur? - We practice the habit of creating VM templates and these templates ore used to create our VMs. For the VMs that are in production we hove tools that track and report to us on various metrics, such as but not limited t o performance, software version, any pending updates, any system errors which need to be addressed. In the event that a VM is offline, not in use for more than 30 days we migrate i t to a lower tco farm in order to optimize our resource utilization. After 60 doys the VM is token offline and after 90 doys removed. This policy con ond should be modified on a case by case basis per each client and VM type.

= What is your policy in dealing wi th data comingling in multitenant environment? - Given the line of business which our clients operate in data security is a cruciol component. We strive t o keep your doto and networks isolated and safe. In doing so we utilize a myriad of solutions ranging but not limited t o Vlans through storage area security zoning.

What is your policy for handling instant on gaps? - We use tools thot manage, monitor and report on VMs that are not up-to-date with their patches and other critical updates. Our anti-malware and anti-virus applications run interactively with our user sessions in the event that they execute or run scans on files as they get executed and prevent the infection. In addition, for those thot we don't get to right away, network policies thot isolate those VMs that have not been used recently and address them in a isolated vlan until that have been patched, updated, innoculated and ready t o e run on our production environment.

Maintenance Service Reports t o Client o Report furnished upon completion of all maintenance requests performed on

specific equipment. - EvolvTec will be providing all service reports t o the City during our Weekly/Monthly meetings, unless neededsooner.

o Report should include at a minimum the following: -A l l of the required doto will be provided and is currently provided to our other customers.


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Date and time notified Date and time of arrival Description of malfunction reported Diagnosis o f failure and work performed Date and time failure was corrected Charges for services, if applicable Name and person performing the service M n A (Mean Time t o Arrive) M n R (Mean Time to RepairIRestore)


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EXHIBIT B

SERVICE LEVEL AGREEMENT

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Service Level Agreement v.1.0

1. Purpose This service level agreement is between EvolvTec (“Service Provider”), and the City of Ocala. The City of Ocala and the Service Provider shall review at least quarterly to determine if any modifications or amendments are needed to reflect the City’s support requirements and Service Provider’s services.

• The purpose of this service level agreement is to document the service delivery of the Service Provider to the City. The Service Provider shall deliver the services set forth in this document.

2. Service Catalogue The Service Provider will provide the following services to the City of Ocala:

Service Description Examples

User Support Receive, document, and prioritize issue tickets and help City staff in the use of existing applications or services.

• Provide help desk support • Answer queries about applications. • Receive and document bug reports. • Collect and document requests for changes. • Share status of requests.

Problem Correction Bring an application back to its original functionality before the problem arose. This may include a permanent fix or a temporary work around until a permanent fix is found.

• Work with application vendors on: o Fix bugs. o Retrieve functionality after abnormal

program terminations. o Complete root cause analysis.

Application Enhancement

Modify the functionality of an existing application.

• Work with application vendors on: o Apply new functionality. o Fulfil regulatory requirements. o Enhance run-time efficiency. o Modify applications based on new

releases of hardware or software. Process and Application Improvement

Assist the City in planning the better use of applications to meet business strategy and goals. This is a proactive attempt by the service provider to improve applications and processes, based on the service provider’s increased application and business knowledge over time.

• Help City staffs to make strategic decisions that meet business goals.

• Provide functional, architectural and process improvements as required for the support and maintenance of the system areas in scope.

Network, Server and Database Management

Monitor and maintain the health of our network, physical, terminal and virtual servers.

• Provide 24 x 7 monitoring of the servers • Repairing issues encountered • Application of service packs and security

fixes • Database analysis and maintenance • Backup and recovery of databases • Performance monitoring and tuning • Troubleshoot SQL server connectivity issues

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Device Management Manage, monitor and repair issues with devices such as laptops, tablets, cell phones, physical and virtual desktops.

• Configure devices • Perform repairs when required • Update firmware and security patches

Report/Query Support Provide support to staff in creating and modifying reports and queries.

• Work with the appropriate application vendors in creating the requested changes or new reports required by staff.

Printers/Scanners Resolve issues encountered with desktop or network devices.

• Work with the appropriate vendors to resolve problems.

o Replacing parts o Applying firmware upgrade o Troubleshooting problems

3. Rewards and Penalties Each SLA is measurable and associated with a financial penalty if not met. Ocala’s expectation is that all SLA’s will meet or exceed measures, and therefore not subject to reward.

• Penalty. A deduction from the Service Provider’s monthly invoice expressed as a percentage of the agreed upon service delivery fee for the month in which a particular SLA was not met.

• Reward. No premium will be provided to the service provider’s monthly invoice in which a particular SLA was exceeded.

4. Reporting The following processes will be used in order to manage the managed service agreement:

4.1. Weekly Status Report The service provider to provide the City with a weekly status report that gives an overall summary of the following:

• Health of projects being worked on • On-going activities • Completed tasks

o Date and time notified o Date and time of arrival o Description of malfunction reported o Diagnosis of failure and work performed o Date and time failure was corrected o Charges for services, if applicable o Name and person performing the service o MTTA (Mean Time to Arrive) o MTTR (Mean Time to Repair/Restore)

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• Upcoming milestones and releases • Bug fixes • Risk identification and mitigation plan • Action items across different application areas

4.2. Monthly Review Meeting Metrics will be tracked by service provider, summarized in a dashboard format, and discussed in a monthly meeting. This activity includes the following:

• Tracking unresolved issues from maintenance projects which impact the SLA • Updating maintenance project progress and resolving critical issues • Capturing agreements and disagreements and items needing escalation • Reporting on application vendors performance

4.3. Quarterly Review Meeting A quarterly review meeting will include the following:

• The SLA will be reviewed with the IT Director involved and an amendment addendum will be created if required

• Review process will be through teleconference or face-to-face meeting session which will be booked in advance

• Review document prepared by service provider will include overall project status, issues list, metrics reporting, supporting reasons for metrics deviation, and items that need adjustment within SLA (e.g. scope, metrics, etc.)

• SLA changes will be tracked by version number and date

4.4. Reporting Service Levels

Type Measurement Penalty

Weekly Status Report Delivered at not less than seven calendar day intervals 5% of monthly invoice

Monthly Status Report Delivered at monthly intervals and not less than two business days before scheduled review meeting

5% of monthly invoice

Quarterly Status Report Delivered at quarterly intervals and not less than five business days before scheduled review meeting

5% of monthly invoice

5. User Support and Problem Correction The following procedures will be used to respond to problems that are received by the help desk. A problem is defined as an unplanned system event, which adversely affects application processing, or application deliverables.

Measurement period for User Support and Problem Correction SLAs is a calendar month. For example, if an SLA is not met during the month of April, one penalty deduction (as outlined in the SLA associated with that particular service) will be applied to the invoice for the month of April, and if it is not met for the month of May, an additional penalty deduction will be applied to the invoice for the month of May.

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5.1. Prioritization Approach Service requests for problems received by the help desk will be given a Severity Code from 1 – 4 based on how important responding to the problem is to the primary business of the City as a whole, as well as the availability of workarounds. The Severity Code will be the basis for scheduling work on the backlog and assigning resources to the request. Critical, important, and supportive application functions are defined in the section below on Application Function Type, with a complete list of application functions included in this agreement listed in Appendix A.

Severity Code Definition 1 A problem has made a critical application function unusable or unavailable and no

workaround exists. Or A problem with the network and servers and users cannot connect.

2 A problem has made a critical application function unusable or unavailable but a workaround exists. or A problem has made an important application function unusable or unavailable and no workaround exists.

3 A problem has diminished critical or important application functionality or performance but the functionality still performs as specified in the user documentation.

4 A problem has diminished supportive application functionality or performance.

5.2. Application Function Type The table below provides a brief definition of critical, important, and supportive application functions. See Appendix A for a complete list of the application functions included in this agreement.

Application Function Type Description Example

Critical

These application functions are critical to ensuring business profitability or City’s reputation. Extended failure will impact profit or damage Ocala’s reputation.

Eden Financials Cogsdale CRM & WMS Lucity AMS CRW Permitting ProjectDox Fuel Master

Important

These application functions are important to business productivity, but are not critical to profitability or City’s reputation.

ArcGIS Onbase Content Manager

Supportive These applications support productivity, but are not essential to business effectiveness.

Microsoft Office Tyler Content Manager

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5.3. Response and Resolution Times

Severity codes are used in order to determine appropriate response and resolution times. Response and resolution times are measured from when the incident is opened by the help desk. If the problem is not resolved within the defined timeframe, continuous effort will be applied, until the problem is resolved. These response time, does not include incidences reported to the Application Vendors.

Severity Code

Initial Response

Estimation Response

Subsequent Responses Resolution

1 15 minutes 2 hours Every 30 min. 4 hours 2 30 minutes 2 hours Every 2 hours 8 hours 3 1 hour 8 hours Every 4 hours 2 calendar days 4 1 hour Next business day Every 8 hrs 3 calendar days

• Initial Response is when a ticket is opened and acknowledged by help desk staff. • Estimation Response is when the user that logged the ticket is informed of an estimated

resolution time. • Subsequent Responses is the frequency with which the user that logged the ticket is updated on

the resolution status. • Resolution is the point at which the problem is resolved and the application function is returned

to a usable and available state.

THIS AREA INTENTIONALLY LEFT BLANK

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5.4. Response and Resolution Service Levels – EvolvTec will assist the City of Ocala in working with the Application Vendors to hold them accountable to their various SLA agreements with the City, without EvolvTec being penalized for Vendors non-performance. Below are the Vendors commitments:

Application Vendor SLA's Acknowledgement Resolution

ProjectDox/Avolve Software Priority 1 1 hour No committed resolution Priority 2 24 hours No committed resolution worked during normal business hours Priority 3 72 hours No committed resolution worked during normal business hours

Lucity Priority 1 2 business hours No committed resolution Priority 2 8 business hours 90 day Priority 3 8 business hours 180 day

Fuel Master Priority 1 Level Three 3 working days Will send a tech with parts Priority 2 Level two Parts shipped next business day Will send parts for the City to replace Priority 3 Level one

62 minutes

Will diagnose over the phone Tyler

A call escalation system is in place where, each day, Support Analyst and Product Support Managers, review open calls in their focus are to monitor progress. Priority 1 1 hr with daily updates Less than a day Priority 2 Weekly updates 10 days or less Priority 3 Bi-weekly updates 30 days or less Priority 4 Bi-weekly updates 60 days or less

CRW Upon notification by CLIENT of an error, defect, malfunction or nonconformity in the Covered Software, CRW shall evaluate and classify and make best effort for notification and resolution as follows:

Priority 1 1 - 2 hours – during work hours 48 hours or less Priority 2 1 – 6 hours– during work hours 5 days or less Priority 3 No defined response time Next two scheduled maintenance releases. Priority 4 No defined response time Next four scheduled maintenance releases

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Cogsdale Priority 1 1 - 4 hours Resolution times can vary depending on the priority and the

complexity of the issue at hand. It can range from 2-3 hours to assign in a future build that is release quarterly. Priority 2 1 – 8 hours

• End user satisfaction is the rating provided by end users after the problem they logged is resolved.

• Problem backlog is the maximum number of unresolved problems. • Problem aging tracks unresolved problems that is older than 30 days.

Measurements Type

Measurement Reward Penalty

Severity 1 Resolution

All Severity 1 problems are resolved in less than 2 hours. Excluding Vendor Application Software

NA NA

One or more Severity 1 problems are resolved in over 4 hours. Excluding Vendor Application Software

NA 10% of monthly fees

Severity 2 Resolution Less than 95% of Severity 2 problems are resolved in 8 hours. Excluding Vendor Application Software


Severity 3 Resolution Less than 95% of Severity 3 problems are resolved in 2 calendar days. Excluding Vendor Application Software


Severity 4 Resolution Less than 95% of Severity 4 problems are resolved in 3 calendar days. Excluding Vendor Application Software


Response/Estimate

Less than 95% of Initial Response, Estimation Response, and Subsequent Response times are met Excluding Vendor Application Software.


End user satisfaction

More than 95% of completed scores on problem resolution satisfaction survey have a rating of satisfied or very satisfied. Excluding Vendor Application Software

NA NA

Less than 80% of completed scores on problem resolution satisfaction survey have a rating of satisfied or very satisfied. Excluding Vendor Application Software


Maximum Problem Backlog There are always less than <maximum> unresolved problems.

NA NA

Maximum Problem Aging No problem is older than 30 days. NA NA

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5.5. Application Availability Availability is defined as the ability of an end user to access and execute any of the included application functions from a functioning workstation and live network connection. For an application to be available, all of its supporting systems must be operational. EvolvTec will work with both the city and the Application vendors in providing support on the various applications, but the existing SLA’s the City currently has in place prohibits our ability to enforce these requirements.

Application Level Business Hour Availability Off-Hour Availability Scheduled Down-

Time

Definition Monday - Friday 7:00 am -5:00pm EST.

Monday – Friday 5:00pm-8:29am EST AND Saturday – Sunday 8am – 8pm EST

Critical 99.9%

99.9% Sunday 12:01am – 8pm EST

Important 99%

98% Sunday 12:01am – 8pm EST

Supportive 98%

98% Sunday 12:01am – 8pm EST

• Any additional outages; must be scheduled and approved by the City’s IT Department at least

one week in advance, unless there is an emergency.

5.6. Application Availability Service Levels Type Measurement Reward Penalty

Critical Application Availability

Availability exceeds 99.5% every day in a 1-month period. Excluding Vendor Application Software

NA NA

Availability falls below 99.5% for more than 2 days of the month during regular business hours. Excluding Vendor Application Software


Important Application Availability

Availability falls below 99% for more than 2 days of the month during regular business hours. Excluding Vendor Application Software


Supportive Application Availability

Availability falls below 98% for more than 2 days of the month during regular business hours. Excluding Vendor Application Software


6. Application Enhancement Application enhancement projects involve functional enhancements made to a properly working application to accommodate new or changed user requirements. Examples include increasing an application’s performance, enhancing a user interface, or optimizing code.

Application enhancements can be requested by the City or proposed by Service Provider. The City of Ocala will prioritize the order in which enhancements are performed. Service provider will facilitate the work with the appropriate third party vendors.

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6.1. Project Management The Service Provider is expected to manage application enhancement projects in a structured, organized, and cost effective manner.

• Measurement period for Project Management SLAs is either the entire project span or the milestone completion span.

6.2. Project Management Service Levels Type Measurement Reward* Penalty

Project Delivery Total elapsed days until delivery is more than 20% greater than planned.

NA 10% of the amount invoiced for the project.

Total elapsed days until delivery is 20% less than planned.

NA NA

Project Budget for Time and Material Based Projects

Total billed hours for the project are more than 10% greater than the planned hours.

NA 10% of invoiced hours for the project multiplied by the average hourly billing rate for such hours.

Total billed hours for the project are less than 80% of the planned hours.

NA NA

Project Milestones (for Conventional Projects)

Total elapsed days until milestone completion is 20% less than planned.

NA NA

Total elapsed days until milestone completion is more than 20% greater than planned.

NA 10% of invoiced hours for the milestone task multiplied by the average hourly billing rate for such hours.

Documentation Updates (both technical and functional)

Service provider provides documentation later than 1 week after user acceptance testing is completed.


6.3. Software Quality The Service Provider will work with the third party vendor to apply appropriate process and practices in order to deliver high quality software to the City containing as few defects as is practical. Defects can include the following:

• Software bugs (e.g. errors or faults in source code or design that cause an application to produce an unexpected result).

• Software that is made up of working code but does not meet the initial requirements lay out by the City and described in the functional specifications.

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6.4. Software Quality Service Levels Type

Measurement Reward Penalty

Success Rate at User Acceptance Test

More than 95% of user acceptance test cases in this month pass on the first execution.

NA NA

Less than 80% of user acceptance test cases in this month pass on the first execution.

NA 20% of project fees

Number of Severity 1 problems post production

There is no increase in the number of Severity 1 problems for 30 days after release to production

NA NA

There is more than a 15% increase in the number of Severity 1 problems for 30 days after release to production



There is no increase in the number of Severity 2 problems for 30 days after release to production.

NA NA

There is more than a 15% increase in the number of Severity 2 problems for 30 days after release to production



There is more than a 20% increase in the number of Severity 3 problems for 30 days after release to production.


End user satisfaction

Less than 80% of completed scores on application enhancement satisfaction surveys have a rating of satisfied or very satisfied.


* When compared to the most recent month in which there were no new application enhancements released into production.

7. Process and Application Improvement The Service Provider will help the City to improve its applications and application maintenance processes over time, in line with the City’s business goals and strategy. As service provider gains increased application and business knowledge, it is expected that service provider will help the City to plan the better use of applications to meet business goals.

There are no SLAs associated with Process and Application Improvement.

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8. APPENDIX A – Application/Network Functions 8.1. Critical Application Functions The critical application functions included in this agreement at the time of writing this document are listed below. In the future, new applications can be added by planning for appropriate knowledge transfer.

Application Critical Functions Tyler-Eden ERP System Payroll Module Cogsdale Billing and Work Mgt System All Lucity Work Order and Asset Management Work Order CRW TraKit Software Permit, License Fuel Master All ProjectDox Plan Approvals Microsoft Outlook Sending and receiving emails

Server/Database Server All Databases All Security All

8.2. Important Application Functions The important application functions included in this agreement at the time of writing this document are listed below. In the future, new applications can be added by planning for appropriate knowledge transfer.

Application Important Functions Onbase Content Manager Scanning, retrieving Tyler Content Manager Interface to Eden, Scanning, retrieving

8.3. Supportive Application Functions The supportive application functions included in this agreement at the time of writing this document are listed below. In the future, new applications can be added by planning for appropriate knowledge transfer.

Application Supportive Functions ArcGIS Microsoft Office Word, Excel, Access, OneNote

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Exhibit C Contract# ITS/15-002

METHOD OF COMPENSATION

1. PURPOSE.

This exhibit defines the method and limits of compensation to be made to the Service

Provider for the services and products described and the method by which payments

will be made.

2. COMPENSATION.

For providing the City with the services described in this contract, the City will pay

Service Provider, a Total Maximum Lump Sum per month of $37,830 as approved and

invoiced, during the time periods as noted in the contract. The monthly amount payable

may be offset by service penalties as described in Exhibit B- Service Level Agreement.

Lump Sum Amounts- This is a lump sum contract using pricing as demonstrated in the

contract.

3. INVOICING PROCEDURE.

Invoices for this agreement will be prepared by Service Provider, and submitted through

the responsible City Project Manager at: Information Technology Department,

Winsome Jacobs, 110 SE Watula Ave, Ocala, FL 34471, [email protected].

Completed work and invoices must be reviewed and agreed upon by City of Ocala

Project Manager; this review and agreement shall not be unreasonably withheld,

conditioned, or delayed. The invoices will be supported by such information as may be

required by City procedures to substantiate the charges being invoiced. The complete

contract number, must be listed on the submitted invoice along with an assigned

invoice number and invoice date. Please indicate any payment discount terms on the

invoice.

The City reserves the right to withhold payment for work not completed, or services

completed unsatisfactorily, or work or products deemed inadequate or untimely by the

City. Any payment withheld will be released and paid to Service Provider promptly

when work or products are subsequently performed/delivered to the City's satisfaction.

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