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029-20 - Seitel Systems LLC - ContractContract No. 029-20 CITY OF PORT ORCHARD PERSONAL SERVICES AGREEMENT "t THIS Agreement is made effective as of the `; day of t L) ,, � 2020, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and Seitel Systems LLC, a corporation organized under the laws od the State of Washington, doing business at: Seitel Systems LLC (hereinafter the "CONSULTANT") 1200 Western Avenue, Suite 100 Seattle, WA 98101 Contact: Katie Malik Phone: 206.832.2844 Email: kmalik@seitelsystems.com for personal services in connection with the following Project: IT Support Services TERMS AND CONDITIONS 1. Services by Consultant. A. The Consultant shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 2. Schedule of Work. A. The Consultant shall perform the services described in the Scope of Work in accordance with the tasks identified within Exhibit "A" and the terms of this Agreement. If delays beyond the Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. B. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. City of Port Orchard and Seitel Systems LLC Personal Services Agreement Contract No. 02q_2n i of 10 3. Terms. This Agreement shall commence on January 1, 2020 ("Commencement Date") and shall terminate December 31, 2021 unless extended or terminated in writing as provided herein. Additionally, the City reserves the right to offer two (2) one-year extensions prior to contract expiration to retain the selected company's services. 4. Compensation. ❑ LUMP SUM. Compensation for these services shall be a Lump Sum of $ 0 TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $25,000 per contract year without prior written authorization by the City Council, and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "B." The billing rates and reimbursable expenses identified on Exhibit B may be adjusted annually with prior written authorization from the Mayor or designee, as long as the total compensation for each contract year does not exceed the annual cap identified herein. In the event an adjustment is sought, Consultant shall submit the new rates in writing to the City for review and approval no later than October 1 of the year preceding the rate change. ❑ TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit ❑ OTHER. 5. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. City of Port Orchard and Seitel Systems LLC Personal Services Agreement Contract No. 029-20 2of10 6. Discrimination and Compliance with Laws A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective or become applicable within the term(s) of this Agreement to the Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 7. Relationship of Parties. The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including but not limited to compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives or sub - consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. City of Port Orchard and Seitel Systems LLC Personal Services Agreement Contract No. 029-20 3of10 B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Ri hg is Upon Termination. 1. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. 2. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in Section 15 herein. 9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 10. Ownership of Work Product. A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to City. Any reuse or modification of such City of Port Orchard and Seitel Systems LLC Personal Services Agreement Contract No. 029-20 4of10 documents, reports or other material or work of the Consultant for purposes other than those intended by the Consultant in its scope of services under this Agreement shall be at the City's risk. B. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in the Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent required by law, subpoena or other court order. 11. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorneys' fees, arising out of or resulting from the negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 13. Insurance. The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. City of Port Orchard and Seitel Systems LLC Personal Services Agreement Contract No. 029-20 5of10 Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease — Policy Limit $1,000,000. 4. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. City of Port Orchard and Seitel Systems LLC Personal Services Agreement Contract No. 029-20 6of10 4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be in writing and delivered to the parties at the following addresses: CITY OF PORT ORCHARD Robert Putaansuu, Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 16. Resolution of Disputes and Governing Law. CONSULTANT Seitel Systems LLC 1200 Western Avenue #100 Seattle, WA 98101 Phone: 206.832.2854 A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other party. 17. General Provisions. City of Port Orchard and Seitel Systems LLC629-20 Personal Services Agreement Contract No. 7of10 A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. C. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. IN WITNESS WHEREOF, the parties have executed this Agreement this ay of �2D20. CITY OF PORT ORCHARD, WASHINGTON Robert Put26nsuu, Mayor ATTEST/A TICATE: Bgn-4 Rinearson, MMC, City Clerk APE D AS TO FORM: arlotte A. Archer, City Attorney City of Port Orchard and Seitel Systems LLC Personal Services Agreement Contract No. 029-20 SEITEL SYSTEMS LLC By: Name: 't>�/4`> �04=,(—b ` Title:. (r•(---- 8 of 10 City of Port Orchard and Seitel Systems LLC Personal Services Agreement Contract No. 029-20 EXHIBIT A Scope of Work 9of10 City of Port Orchard and Seitel Systems LLC Personal Services Agreement Contract No. 029-20 EXHIBIT B Rate Schedule 10 of 10 Seitel SYSTEMS Exhibit #A City of Port Orchard IT Support Services Effective - 1/1/2020. Seattle Headquarters: 1200 Western Avenue, Suite 100 Seattle, WA 98101 Tacoma Branch: 711 Pacific Avenue Tacoma, WA 98402 206.832.2875 www.seitelsystems.com Background The City of Port Orchard (the City) has a population of approximately 13,000 citizens and serves as the county seat for Kitsap County and its 230,000 residents. The City Hall building houses all of the City's departments, including critical services such as police and public works. A team of two IT employees supports all of the City's networked systems and approximately 75 end -users. The City recently engaged Seitel Systems to perform a comprehensive assessment of its IT systems and a subsequent system design and implementation project. The assessment identified several systems that were past their end of useful life and that required replacement in order for the City's operations to continue functioning at an acceptable level. The project included migration to a new virtualized server environment, e-mail migration to Office 365, and wireless network upgrades. The project was completed on time and on budget. The upkeep and support of these new systems requires a forward -looking, proactive approach. Security, reliability, and performance factors must be monitored and maintained over time, since they are critical to the long-term health of these new systems and the protection of the City's investment. The City Treasurer, Allan Martin, has requested a proposal from Seitel Systems for IT Support and IT Leadership services to ensure the successful stewardship of the City's IT resources. Proposed Services Cost Summary A comprehensive support plan is summarized below. Each service is "sized" and priced to give a sense of overall support costs. Actual support plan cost will depend upon the options selected and may be changed at any time. The estimated support levels are within a typical budget range for an organization similar to the City in size and IT environment. We require no contracts to begin, add, or delete services. We'll align our services with the organization's budget and needs as required. IT Support Services a. IT Leadership b. Scheduled Support IT Support Subtotal: II. Incident Support & Project Services Total Estimated IT Support Plan: Annual Estimate $ 3,360 / yr (estimated 16 hrs/yr) $ 8,640 / yr (monthly 4-hr visits) $12,000 / yr $ hourly (see T&M billing rates) $15,200 +T&M support as -needed Detailed descriptions of each of these services are provided on the following pages. Seattle Headquarters: Tacoma Branch: 1200 Western Avenue, Suite 100 711 Pacific Avenue Seattle, WA 98101 Tacoma, WA 98402 206.832.2875 www.seitelsystems.com I. IT Support Services a. IT Leadership Seitel Systems will schedule a Senior Engineer (Whitney Hanson) onsite to coordinate with the City's team on the overall engagement. This will include guiding IT direction, budgeting, establishing projects and ensuring that overall IT services are aligned with the organization's business needs and objectives. Depending on the City's preferences, Seitel Systems can support decision making around IT expenditures such as warranties, software assurance, equipment replenishment and trends in IT infrastructure and management. In addition, our Senior Engineer will provide tactical direction to the Seitel Systems support team, and will coordinate with the City's staff to ensure that ongoing projects and support needs are being delivered in a timely, cost-efficient manner. This resource will also assist with hands-on IT support where appropriate. This work may be scheduled to coincide with annual budget planning or staff transition events, as needed (such as the City Treasurer's upcoming retirement in autumn of 2017, or for the biennial budget cycle). IT Leadership estimate: 16 hours/year by a Senior Engineer (16 hrs * $210/hr = $3,660) b. Scheduled Support We will schedule a Windows Engineer (Michael Whitehead) to be onsite for % day at regular intervals to work on small IT support projects and tasks. We anticipate tasks will include providing necessary workstation, email administration, and server support. Scheduled Support may also include assisting IT staff with technologies outside their skill set, and transferring knowledge to ensure successful operations. The fee for four hours of scheduled support by a Windows Engineer is $720 per visit ($180/hr. 4 hours). These visits will be scheduled on a recurring basis that best meets the City's needs, with an expected initial schedule of once per month (twelve visits per year). Scheduled Support Estimate: 12 visits/year * $720 = $8,640 II. Incident Support and Project Services Seitel Systems is ready to help with time -sensitive issues that fall outside the services described above, such as a system outage or maintenance issues that require an onsite visit. In case of an emergency, such as a system crash, Seitel Systems will reroute engineers away from less -critical appointments to get you back up and running as soon as possible. Seattle Headquarters: Tacoma Branch: 1200 Western Avenue, Suite 100 711 Pacific Avenue Seattle, WA 98101 Tacoma, WA 98402 206.832.2875 www.seitelsystems.com Work will be billed on a time & materials basis, and accordingly will vary based on usage. All work for incident support and project services will be billed at the rates shown below. For example, if the City uses an average of 2 hours/mo @ $180/hr, the City would incur total annual charges of $4,320. Billing Rates • Technician: $ 125 per hour • Senior Technician: 160 • Engineer: 180 • Senior Engineer 210 • Principal Consultant 250 Clients who use our proactive support services (like SRP Server and Scheduled Support) receive "Preferred Client" status, which ensures priority dispatch in the event of an emergency, as well as discounted time & materials billing rates (shown above). After hours support is billed at 1-1/2 times applicable bill rates. Please see the "preferred" rates on the attached Rate Card for more details. Onsite travel fees may apply for visits to client sites more than 20 miles from the nearest Seitel Systems office. Reimbursable items (such as tolls and ferry fares) will be charged at cost + 10%. See details about our billing rates and terms on the attached rate card. Seattle Headquarters: 1200 Western Avenue, Suite 100 Seattle, WA 98101 Tacoma Branch: 711 Pacific Avenue Tacoma, WA 98402 206.832.2875 www.seitelsystems.com Appendix A. Seitel Systems Comprehensive IT Services Seitel Systems provides comprehensive information technology solutions to businesses, government agencies and non-profit organizations located throughout the Puget Sound region. We provide our clients with the best in design, implementation and ongoing maintenance for their networks, servers, desktops and telecommunications infrastructure. Our consultants, engineers and technicians have expertise in all aspects of computer technology; we repair what's broken, maintain what's working and improve network systems so that they keep pace with your organization's growing requirements. We help organizations reach a practical balance between the competing needs of your technology: high performance, ease of use and —most importantly— low cost. We don't manufacture or resell hardware or software, so our clients are assured that we focus on meeting their needs rather than meeting sales quotas. Our services include: Tripod IT Support ("Preferred" Support) Seitel Systems' clients have discovered how to ensure that their technology works as a partner, rather than a barrier, to success. They use our team of experts to provide Security, Reliability and Performance (SRP) Support and/or Scheduled Support visits to address their technology support needs. Scheduled Support Scheduled Support services provide four to eight hour blocks of time during which our engineers address user requests and solve the technology problems that keep your team from getting their work done. In the event that something critical happens between scheduled visits, our Incident Response services are there to have you up and running in no time at all. Incident Response Services Seitel Systems' Incident Response services focus on first understanding the urgency of your organization's need, and then getting you back to a satisfactory operational state as soon as possible. Whether you have an urgent incident that's disrupting productivity, a planned event requiring outside assistance, or a general question, our Incident Response services and Service Desk can provide you with the solution you need to get back to business. Service Desk Incident Response Seitel Systems' Service Desk is the single point of contact for our clients' day-to-day network support needs. It is staffed Monday through Friday (excluding holidays) from 8:00 AM - 5:00 PM. Emergency Incident Response An emergency incident is one needing immediate response from your support team. Our Service Seattle Headquarters: 1200 Western Avenue, Suite 100 Seattle, WA 98101 Tacoma Branch: 711 Pacific Avenue Tacoma, WA 98402 206.832.2875 www.seitelsystems.com Desk Operator will manage the incident and will have a Network Engineer working on it within two hours of receiving the emergency incident call. Planned Event Response A planned event is a scheduled occurrence for which additional, outside support may be needed. Our Service Desk Operator will schedule these non -emergency services for a time agreeable to you and your Seitel Systems support team. Proiect Services Seitel Systems helps organizations expand their network capabilities to meet new functional and business requirements. Our Network Engineers have the skills and experience to provide both the technical and project management expertise necessary to ensure your project's success. Whether you need to design and implement a new system or need temporary augmentation of your own IT staff, we can provide qualified and skilled personnel. For a specific project, for a set period of time, or for a variety of supplemental support services, we offer: • Proiect Engineering and Management: Comprehensive project engineering and management services, including project definition, design, planning, procurement, installation, testing, and deployment. • Proiect Support: Our team can integrate with your internal technical staff to inject either specialized skills and/or additional bandwidth to ensure your project's timely success. • Staff Augmentation Our team can fill in the gaps when members of your team are on vacation, military leave, sick leave or other absences from the workplace. Appendix B. Service Desk Frequently Asked Questions What are your normal Service Desk support hours and how do we contact you? 8:00am to 5:00pm, Monday through Friday, excluding holidays. Call 206.832.2820, email servicedesk@seitelsytems.com or via the Internet at help.seitelsystems.com. Our Service Desk is open with extended hours to Preferred clients (those with Scheduled Support, SRP Server, or SRP Workstation). Preferred clients can call anytime between 7:30am-5:30 pm, Monday - Friday. Someone will pick up right away between 8-5:00, or if you happen to call between 7:30am-8am and 5pm-5:30pm, please follow the telephone prompts to reach a Service Desk technician. What happens if we need to contact you outside of normal business hours? If your technology requires attention outside of business hours for such issues such as software upgrades, maintenance tasks or an outage we offer a number of service options to meet your needs. Seattle Headquarters: 1200 Western Avenue, Suite 100 Seattle, WA 98101 Tacoma Branch: 711 Pacific Avenue Tacoma, WA 98402 206.832.2875 www.seitelsystems.com Scheduled After Hours Support: Projects are pre -scheduled a minimum of one business day in advance. Rates are 150% of your normal billing rate (200% for holidays or holiday weekends) and are subject to a one -hour minimum charge for remote work, two-hour minimum for onsite work. Standby Support: If you're tackling a project yourself but want to arrange quick access to one of our engineers just in case something goes astray charges are $200 for the first 12-hour period, $100 for each consecutive 12-hour period. An SSL engineer will be available within 30 minutes, and if contacted rates are as outlined in Scheduled After Hours Support above. Nitelight Service: Clients subscribing to either our SRP Workstation or SRP Server support services have access to our emergency services number. Our call center will put you in touch with an SSL Manager within 60 minutes and they will work with you to triage your incident and arrange for SSL engineering resources as appropriate. Rates are 150% of your normal billing rate (200% for holidays or holiday weekends) and are subject to a two-hour minimum charge for remote work, four-hour minimum for onsite work. What problem severity levels do you distinguish? How is severity level assigned? What response time is associated with each level? Incident severity levels are assigned through agreement between the client contact and Seitel Systems' Service Desk Dispatcher. Se- verity levels are typically assigned as follows. Response times, where indicated, are the maximums allowed and in general issues are responded to in a timelier manner. Critical Assigned when critical business processes have been interrupted such as a file server down, email interrupted, firewall crash or a virus attack and immediate attention is required. Engineers will be re -assigned from less critical work in order to ad- dress the issue as quickly as possible. When an incident is as- signed a severity level of "critical," the client can expect near - immediate remote support. If onsite work is required, the as- signed technician or engineer will arrive within two hours of the decision that onsite work is required. The Service Desk Manager will be notified immediately and serve as resource coordinator until the issue is resolved or until the severity level is downgraded. Work will continue until the incident is resolved or a workaround is in place. High Assigned when an issue is pressing but not interrupting critical business processes. Clients can expect remote support within 30 minutes or an onsite visit from the assigned technician or engineer within two hours. Medium This is the default severity level for tickets and indicates an issue that needs to be re- solved in a timely manner but isn't interrupting critical business processes. Clients can expect remote support within four hours or an onsite visit from the assigned technician or engineer as soon as mutual schedules permit. Low Most often used to identify requests that will be addressed during a subsequent scheduled onsite support visit or remote session Seattle Headquarters: 1200 Western Avenue, Suite 100 Seattle, WA 98101 Tacoma Branch: 711 Pacific Avenue Tacoma, WA 98402 206.832.2875 www.seitelsystems.com How do you assign resources to an incident? Regardless of the assigned severity level (see above), an incident is also identified as "routine" if it can likely be resolved quickly by a Service Desk Technician or "non -routine" which will likely require research and/or the attention of a Network or Windows Engineer. If "non -routine" the incident ticket will be assigned first to the client's primary Engineer. If that Engineer is not available, it will be assigned to another Network/Windows Engineer with the requisite skills to solve the problem. Describe your problem escalation process for "Critical" incidents: Service Desk personnel notify the Service Desk Manager immediately upon classifying an incident as "Critical." Seitel Systems owners will be informed if an incident is not resolved within four hours. The Service Desk Manager will monitor progress and assign resources, as required. If a problem exceeds the skills and/or experience of our engineering staff we will use outside re- sources typically as supplied by the vendor — Microsoft, Cisco, etc. Seitel Systems maintains strong relationships with major vendors and can call upon their technical resources as required. SSL owners will be informed if a "Critical" incident is not resolved within four hours. Seattle Headquarters: 1200 Western Avenue, Suite 100 Seattle, WA 98101 Tacoma Branch: 711 Pacific Avenue Tacoma, WA 98402 206.832.2875 www.seitelsystems.com Exhibit B • Seitel Systems Contact Us SUBMIT AN INCIDENT: servicedesk@seitelsystems.com PHONE: 206-832-2875 EMAIL: info@seitelsystems.com SERVICE DESK: 206-832-2820 Rate Card Billing Rates Preferred Client rates are available to clients with SRP, Scheduled Support or long-term project engagements (see next page). Technician $165 $125 Senior Technician $215 $160 SharePoint Specialist Windows Engineer Network Engineer $240 $180 SharePoint Consultant Senior Windows Engineer Senior Network Engineer $275 $210 Senior SharePoint Consultant Principal $300 $250 • Hourly rates are billed in 15 minute increments. • All projects will be invoiced monthly as work is performed. • After hours (outside of M-F 8:00 am to 5:00 pm) rates are 150% of standard billing rate (see After -Hours brochure for further detail). • Travel charges including parking, tolls, etc. may apply. • Our non-profit clients receive a 15% discount. Scheduled Support • Recurring onsite visits (half or full day) weekly, bi-weekly, monthly, or quarterly • Rate based on level of assigned resource • Four-hour minimum charge Securitv. Reliabilitv. Performance (SRP) • Recurring monthly charge based on number of managed systems • Covers all workstations and servers • See SRP brochure for all rate tiers (Complete, Essentials, Lite) Preferred Client benefits include reduced hourly rates for Incident Support and prioritized Incident Response Incident Support: Service Desk (remote only) • 15-minute minimum fee per incident • Rates vary based on level of resource needed • Fees for trivial incidents (less than five minutes) waived for Preferred clients Incident Support: Field Staff (remote or onsite) • One -hour minimum charge for onsite visits • Rates vary based on level of resource needed Terms & Conditions for All Clients We take pride in our common-sense approach and being easy to work with. While we don't have a multi -page contract, we do have some mutual expectations for our relationship that we'd like to share with you: • We hope our relationship is "...getting better all the time..." so we ask that you be vocal in letting us know what's making you smile, and equally vocal if something goes in the other direction. • We invoice monthly for our services, and unless you raise concerns to us right away we'll expect to see your payment a short time later. • Our Engineers have yet to master the Flash Gordon teleport-travel technique so onsite work farther than 20 miles from our nearest office will incur an onsite fee (including parking, tolls, etc.) equivalent to a round trip from our nearest office at half billing rates. All onsite visits will be billed for the greater of one hour or actual time onsite, rounded up to the nearest 15 minutes. • Things do break, and sometimes mistakes happen. We'll do our best to provide you with top-notch service that's correct the first time, every time. If we come up short, we'll work with you to figure out how best to make things right, but sadly we can't pay you back for any lost data, lost revenue or other related costs. • "...cause I'm the Taxman..." is not usually a phrase we all want to hear unless it's backed by a well known British quartet. We're obligated to collect and pay the Taxman for certain things we do for you while others are immune, and we'll show you the differences on your invoices. If you're somehow beyond the reach of the Taxman just let us know and, with the right document, we can leave taxes out of our charges to you. • Because we're a local company, our team lives and works right here in the neighborhood. As a result we have school functions, piano lessons and other family commitments that can take priority outside of normal business hours. If you have a need for after-hours help, we'll do our best to accommodate you, but sometimes we might not be able to respond as quickly as we both want. • "...nothing's gonna change my world ..." but sometimes we must. We review annually, and occasionally adjust, our bill rates. Contact US I SUBMIT AN INCIDENT servicedesk@seitelsystems.com PHONE 206-832-287S I EMAIL info@seiteIsystems.com I SERVICE DESK 206-832-2820