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HomeMy WebLinkAboutC-10014-1 - PSA for Ivanti Neurons for ITSM & ITAM ImplementationPROFESSIONAL SERVICES AGREEMENT WITH LATEST SOLUTIONS USA LLC FOR IVANTI NEURONS FOR ITSM & ITAM IMPLEMENTATION THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 28th day of October, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and LATEST SOLUTIONS USA LLC, a California limited liability company ("Consultant"), whose address is 215 KEITH ST, HANFORD, CA 93230, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide Implementation of Ivanti Neurons for ITSM and ITAM - Phase 1 (Incident, Knowledge, Problem, Change, Service Requests, DEX & Spend, Asset imports & Iifecycle) ("Project"). C. This Project is implementation -only; all necessary software licensing has been contracted separately by the City. D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on October 27, 2026 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on not -to -exceed flat fee basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Services identified on the Scope of Services shall not exceed Fifty Four Thousand Nine Hundred Dollars and 00/100 ($54,900.00), without prior written authorization from City. Additionally, Consultant's compensation for miscellaneous fees incurred during the course of performance, if any, shall not exceed Five Thousand Four Hundred Ninety Dollars and 00/100 ($5,490.00), without prior written authorization from City. Consultant's total possible compensation under this Agreement, for all Work performed in accordance with this Agreement, and all potential fees, if any, shall not exceed Sixty Thousand Three Hundred Ninety Dollars and 00/100 ($60,390.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit invoices to City describing the Work performed that is subject of the invoice and the corresponding fee set forth in Exhibit B. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall Latest Solutions USA LLC Page 2 pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Jared Carver to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the City Manager's Office. City's IT Applications Analyst or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. Latest Solutions USA LLC Page 3 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them), and/or if it is subsequently determined that an employee of Consultant is not an independent contractor. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall Latest Solutions USA LLC Page 4 be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. 10. INDEPENDENT CONTRACTOR 10.1 It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 10.2 Consultant agrees and acknowledges that no individual performing Services or Work pursuant to this Agreement shall: work full-time for more than six (6) months; work regular part-time service of at least an average of twenty (20) hours per week for one year or longer; work nine hundred sixty (960) hours in any fiscal year; or already be a CalPERS member. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. Latest Solutions USA LLC Page 5 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner orjoint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. Latest Solutions USA LLC Page 6 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return Latest Solutions USA LLC Page 7 that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: IT Manager City Manager's Office City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 Latest Solutions USA LLC Page 8 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Jonathan Lavigne, CEO Latest Solutions USA LLC 2443 Fillmore St #380-4403 San Francisco, CA 94115 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. Latest Solutions USA LLC Page 9 28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. Latest Solutions USA LLC Page 10 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Latest Solutions USA LLC Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Em Aaron C. Harp City Attorney ATTEST: Date: 11 13 a2.0Aff By: Lena Shumway City Clerk CITY OF NEWPORT BEACH, a Californi Xy6.2-5- icipal corporation Date: ) ! By: Kac K. Leung i Manager CONSULTANT: LATEST SOLUTIONS USA LLC, a California limited liability company Date: igned in Counterpart By: lei' IX v 2- JonathA Lavigne, Chief Executive Officer Date: By: Lucy M. binson Secretary/Treasurer [END OF SIGNATURES] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: io "" S I By: Aaron C. Harp CFty Attorney ATTEST: Date: Lena Shumway City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Grace K. Leung City Manager CONSULTANT: LATEST SOLUTIONS USA LLC, a California limited liability company Date: By: Jonat an Lavi ne Chief Execut've Officer Date: By: Lucy M. Robinson Secretary/Treasurer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Latest Solutions USA LLC Page 12 EXHIBIT A SCOPE OF SERVICES Latest Solutions USA LLC Page A-1 City of Newport Beach, CA Phase 1 A. ITSM B. ITAM ITSM & ITAM Package SOW Incident, Knowledge with (knowledge imports), Problem, Request Management. With (training), Change Management • Asset lifecycle, Assert Imports, Neurons for DEX & Spend Latest Solutions nUACC 4 %TORA A — — A AA 0/ %A/ 2443 Fillmore St #380- 4403 San Francisco, CA USA 94115 f f f Addresses and Contact Information Contact Name Martin Rygiel Contact Telephone 949.644.3092 Contact Email Address mry iiel Wnewportbeachca.gov Document Revision History Document Reviewer Address: 100 Civic Center Drive Newport Beach, CA 92660 Remote Engagement: Yes Delivery Language: English I 2443 Fillmore St #380- 4403 San Francisco, CA USA 9411S Latest Solutions Page 2 of 19 ou Acc 4 IrQAA A%1M 1TARA enIA1 Document Purpose The purpose of this document is to describe the tasks for a Latest Solutions Professional Services engagement. This Statement of Work is accepted and effective upon execution by both parties of the corresponding Professional Services Agreement. Overview ITSM and ITAM Implementation City of Newport Beach, CA ("Customer or Client") has requested the Consultant(s) (as defined below) to provide Latest Solutions Professional Services on a flat fee basis as defined in the following Statement of Work ("SOW'). The Latest Solutions' resources assigned to this project will be under the direction of both Latest Solutions Project Manager and the Customer Project Manager. All references to "Consultant" shall mean the entity identified below in the same geographic region as the Customer: • Latest Solutions USA LLC, a California Limited Liability Corporation Latest Solutions" Page 3 of 19 MUACC 4 ITC11A AMM 11rA11A O^XAI 2443 Fillmore St #380- 4403 San Francisco, CA USA 94115 In Scope This section describes the activities in scope for the consultancy engagement. Project Kickoff The project kickoff meeting will include the following: o Define the project scope and schedule o Introduce project participants and roles o Set project expectations o Define project limitation o Make available all documentation and installation guides Define reporting and escalation methods and process Design & Workshop Project Scoping, Workshop and Design: Latest Solutions, working with Customer personnel, will conduct a Workshop to further define Customer requirements. Planning & Design Meeting The Planning and Design Meeting includes all the tasks required to meet with the project's key stakeholders and determine the final design of the system prior to beginning the software implementation. High level work breakdown structure: • Discussion of Objective and Strategy • Long Term Goals and Objectives • Data Model (Users, Groups, Customers, Filters, Partitioning, CI's etc.) • Implementation Model • Workshop Preparation Design Document: Consultant will generate design documentation defining the specifics of configuration work to be performed as well as any future work to be proposed as agreed to during the design workshop. The document will be used to govern implementation of Customer's Solution as well as to serve as the basis of estimation of proposed future implementation work in regard to Integrations. Design Review: Discuss and document the conceptual design based on specific needs and objectives, as well conduct design review meeting to discuss and identify any gaps. Estimates in this SOW are based on preliminary scoping sessions, the complexity of Customer use cases, as well as previous work done in implementations of similar size and scope. If more time is required to complete any object or requirements, a Project Change Request can be generated to account for extra time required, which shall be subject to written pre -approval by Client, and where necessary, an amendment to this Agreement. Integration use cases, methods and scope differ greatly on a per customer basis. Estimates in this SOW assume a basic integration and use case between ISM and the above listed third -party products. Existing connectors will be utilized as much as possible to complete integration work and satisfy Customer use cases. Latest Solutions® Page 4 of 19 MU ACC 4 ITC11A A%1M 1TAAA Cf1 2443 Fillmore St #380- 4403 San Francisco, CA USA 94115 Incident Management) An Incident is an unplanned interruption or reduction in quality of an IT service, or a break in the standard operation of a Service. The system records the details of an Incident and its complete history from registration to resolution in an Incident record. The goal of Incident Management is to restore normal service as quickly as possible when IT service has been disrupted, and to make sure that business operations are functioning normally. The definition of normal service is agreed in Service Level Agreements (SLAB) with the customers of your organization. Incident Management reduces or eliminates the effects of potential disruptions in IT services, so that users can get back to work as soon as possible. To achieve this end, Incidents are recorded, classified, assigned to specialists, and progress monitored until they are resolved and closed. SLAs and escalations (in the absence of SLAs) ensure that Incidents are responded to and resolved on time with satisfactory resolution rates. Design Workshop Attendees: Service Desk Manager, Service Desk Analysts, Incident Process Owners Discussion Items: • Incident Management processes • Priority Model • Incident Status Values and Transitions • Triaging and Functional Escalations • SLA's (response and resolution) • Tasks/Assignments • Activity History • Notifications • Searches • Templates • Dashboard • Roles and Security o Service Desk Analyst Role, Service Desk Manager • Relationships with other modules o Problem, Self Service, Knowledge • Reference Data Configure and Review Incident Management: • Configure Incident Management using framework, specifications, and configuration changes agreed to during the design workshop and per the design document. Implementation of Incident typically includes the following features: o Create an Incident o Status Lifecycle o Customer relationship configuration to an Incident o Priority configuration o Two -level categorization — Services and respective Categories o Create and assign Tasks to resolve the Incident o Create Journals o Add Attachments to Incident o Resolve Tasks by updating status o Automated email template process for new Incident logged o Automated email template process for resolution or closure of an Incident o Automated email template process on creation of Assiqnment Latest Solutions) Page 5 of 19 2443 Fillmore St #380- 4403 San Francisco, CA USA 94115 o Close Incident Process o Create Dashboard with View/drill for Incident Process o Configure SLA including Response and Resolution times by Service o Review and configure settings for Audit History o Review and Enable out of the box Surveys if applicable Problem A Problem is identified by multiple Incidents showing common symptoms or a Management single Incident with no known cause. The primary objectives of Problem Management are to prevent incidents from happening, and to minimize the impact of incidents that cannot be prevented. An Incident may be used to identify a Problem when there are multiple reports of the same failure, or when there are recurring Incidents that affect the same Services or Configuration Items (typically, hardware items or software solutions). Design Workshop: Attendees: Service Desk Manager, Service Desk Analysts, Incident Process Owners Discussion Items: • Use of Approval support to restrict use of Problem to the appropriate ITIL\Customer-Specific use case scenarios • Dashboards • Problem process and Roles • Status Transitions • Linking to Incidents • Linking to Changes • Linking to CI's Configure and Review Problem_ Management: • Configure Problem Management using framework, specifications, and configuration changes agreed to during the design workshop and per the design document. Implementation of Problem typically includes the following features: o Create Problem o Status Transitions o Update Subject, Description and Error Message o Problem Categories o Priority determined by Urgency and Impact o Add Workaround information o Identify Known Error o Record the Root Cause of Problem o Create Tasks to resolve the Problem o Ability to Create Activity History o Add Attachments to Problem o Link additional Incidents to the Problem o Close the Problem Knowledge The primary role of Knowledge Management process is to improve the quality of Management decision making by ensuring that accurate, reliable and trustworthy information is available throughout the Service lifecycle. Knowledge Base is a collection of articles describing solutions and answers to Service Desk questions. ITIL defines Knowledge Management as the one central process responsible for providing knowledge to all other Ivanti processes. In Ivanti, knowledge works with Incident Management and Problem Management and is a powerful feature in the Self -Service Portal. Knowledqe enables users of the support service to serve I 2443 Fillmore St #380- 4403 San Francisco, CA Latest Solutions USA 94115 Page 6 of 19 MU ACC 4 1T01111 AKIM IT A 1111 O/ XA/ themselves by searching, browsing, or asking for a solution to their problem or questions. Design Workshop: Attendees: Service Desk Manager, Service Desk Analysts, Knowledge Manager Discussion Items: • Knowledge Management Process • Knowledge Article Types • Approval Process • Knowledge Collections • Roles and Security Configure and Review Knowledge Management: • Configure Knowledge Management using framework, specifications, and configuration changes agreed to during the design workshop and per the design document. Implementation of Knowledge typically includes the following features: o Creating Knowledge Articles o Approval process o Types of Articles o Publishing and categorizing an article o Searching Knowledge Management • Import up Knowledge Articles using process agreed to during the design workshop and per the design document. o Data will be imported into Knowledge Management using Service Manager approved format (e.g. CSV Files) and application -based tooling. o Latest Solutions is not responsible for file or document conversion (Imports must meet acceptable file import formats to ITSM) Self -Service The Self -Service portal can be used by requesters (end -users) and Service Owners. The Self -Service dashboard provides a simpler interface and enables users to create, track, resolve, and close incidents and requests for service. Self - Service users can also access FAQs, Announcements, and Knowledge Center articles. The Self -Service dashboard is designed to be intuitive and easy to use. Attendees: Service Desk Manager, Service Desk Analysts, Incident Process Owners Design Workshop: Discussion Items • Self -Service URL • Creating Incidents o Adding Attachments o Adding Activity History / Notes • Self -Service Dashboard • Knowledge Base Search Configure and Review Self -Service: • Configure Self -Service using framework, specifications, and configuration changes agreed to during the design workshop and per the design document. Implementation of Self -Service typically includes the following features: o Configure Self -Service portal for end users to log and view an Incident o Confiaure Self -Service for abilitv to check status of an Incident Latest Solutions Page 7 of 19 Olt A- 4 I 0RA AKIM MA AA Q! XA/ 2443 Fillmore St #380- 4403 San Francisco, CA USA 94115 o Configure Self -Service layout, links, dashboard Request A Request Offering is an item that describes the item, assistance, or action Management available to Self -Service users from the Service Catalog. Request Offerings are normally placed in logical groups of Services. The Service Catalog lists all Request Offerings, such as requests for software, computers, or other requests for non -IT related services provided in your organization. The Service Catalog is how customers order products and services. You control the customer experience within the Service Catalog, defining for each item an image, description, price, other fields, and workflow. Design Workshop: Attendees: Service Desk Manager, Service Desk Analysts, Department Liaisons Discussion Items: • Service Catalog — Self -Service Portal • Request Offering Types • Approval Workflow Process • Task Workflow Process • Notifications • Status • Roles and Security Configure and Review Request Management and Service Catalog • Configure the following Service Catalog Request Offerings as defined by Customer using framework, specifications, and configuration Changes agreed to during the design workshop and per the design document. Work will be based on OOTB templates where appropriate o Configure up to four (4) Low - Complexity Service Requests to be defined by Customer - (10 fields, no approvals, up to 1 task) o Configure one (1) Medium - Complexity Service Requests to be defined by Customer - (15 fields, 1 approval, up to 5 tasks) o All Service Request will be built with training the customer (built -over -the -shoulder) Change Management and goal of Change Management is to ensure the use of standardized methods procedures for handling Change Requests, minimizing the impact of Change - related issues, and improving daily operations. Change Management is the process of assessing and detecting any impact and potential risk that a proposed change could inflict on your organization. Successful Change Management minimizes the impact of change -related issues and improves daily operations. Design Workshop Attendees: Change Managers, Change Coordinators, Change Process Owners Discussion Items: • Change Management Process • Dashboard • Searches • Change Status and Transitions • Change Process Types to include the following: o Customer Defined Change Process o Standard o Emergency 0 o Minor Latest Solutionsp Page 8 of 19 OU ACC 4 MORA Akin MA%A Ql %A/ 2443 Fillmore St #380- 4403 San Francisco, CA USA 94115 • Notifications • Approval Workflow o Contact Groups • Roles and Security • Change Calendar • Linking CI's, Problems, Services • Problem and Incident interactions Configure and Review Change Management • Configure up to one (1) IT -Based Change Management Processes containing up to two (2) Levels of approval and up to five (5) Tasks. • Change processes will be implemented using framework, specifications, and configuration changes agreed to during the design workshop and per the design document. • Implementation of Change typically includes the following features: o Create Change Record o Change Types o Notifications of Change Record to Change Coordinator o Change Coordinator review of Change o Member Setup for Change Advisory Board (CAB) o Change Approval Process o Change Category and Justification o Create Tasks associated to Change o Ability to Create Activity History o Change Calendar o Ability to view Change on Change Board Change types detailed in this SOW will be for IT -Based Changes and will not include integration with third -party products Knowledge Transfer The Knowledge Transfer —activities will focus on educating the Customer on the fundamental concepts of Service Manager components while providing demonstration and answering questions. The activities associated with this effort may include, but not be limited to, the following: • Service Manager Premise / Cloud o Customer -Specific Workflow Configuration o Day to Day Administration o Best Practices o Ad -Hoc Question and Answer Planning Meeting: Meet with Customer key stakeholders to determine prioritized objectives for the allotted amount of time Create Agenda: Determine and agree upon a suitable agenda Perform Activities: Engage with Customer to perform mutually agreed upon agenda items. Note: Completion of any planned activities is subject to the time constraints set forth in this SOW and completion of specific activities cannot be guaranteed unless agreed to in advance and does not include training documentation. This is not a replacement for formal training. User Validation The last phase of the software testing process. UVT will focus on testing Ivanti Testing Service Manager in real -world scenarios. During this phase the Customer will run through a series of tests and note any minor improvements/modifications Latest Solutions Page 9 of 19 nUAQC 11T01 AKIM MARA Q! AA/ 2443 Fillmore St #380- 4403 San Francisco, CA USA 94115 necessary or possible misconfiguration. Issues will be logged and then adjusted by the consultant. The following activities are included in this section: • System Testing • Discuss/document modifications needed and escalate as required • UVT System Testing: Test all Configured features and functions for documented behavior. Perform empirical investigation of each feature and service to validate the state and behavior of the product against the Service Manager specification, detect any software failures, and ensure the satisfaction of Customer requirements. • Consultant will make agreed to configuration changes as required from UVT testing. Go -Live Support ,Go live" takes place at the end phase or completion of the project. The presence of a vendor consultant/deployment engineer will provide the customer project team and users of the solution with extra support and a source of expertise. The following activities are included in this section: Latest Solutions Page 10 of 19 nU ACC 4 ITCAA AKA —A RA Ql %A/ 2443 Fillmore St#380- 4403 San Francisco, CA USA 94115 l f Asset Manager Statement of Work Overview Latest Solution's Professional Services will deliver this implementation package which is designed to help customers maximize the long-term value of their software. Latest Solutions will leverage its delivery methodology along with components of Ivanti's and best practices to configure a version of Ivanti Asset Manager Software within the defined deliverables documented herein. Background City of Newport Beach, CA ("Customer") has engaged Latest Solutions Professional Services ("Consultant") to the implementation Services of their Ivanti Asset Manager ("LAM") Scope The "ITAM Assessment and Data Readiness Workshop helps the Client prepare for and fully understand what will be needed to build a successful ITAM program. Once the "ITAM Assessment and Data Readiness Workshop" is complete, the next step in the journey is to implement (import) the foundational data that has been gathered by the Client. Foundational data is the key to both short-term and long-term success. Latest Solutions strongly recommends that every Client begin with the Foundation Package. With a solid ITAM Assessment, a foundation in place, the next step towards ITAM maturity requires the defining and creation of a standards catalog. A properly configured standards catalog working in conjunction with stock management brings control and governance to the environment. Latest Solutionsp Page 11 of 19 OU ACC 4 ITCAA AAIM ITAAA CAIAI 2443 Fillmore St #380- 4403 San Francisco, CA USA 94115 Description of Work Project Kickoff The project kickoff meeting will include the following: o Define the project scope and schedule o Introduce project participants and roles o Set project expectations o Define project limitation o Make available all documentation and installation guides o Define reporting and escalation methods and process Data Readiness 0Consultant evaluates the Client's prepared import templates data Validation to determine if the data contained will satisfy ITAM Foundational requirements. • Consultant prepares and provides the Client with an updated "Foundational Data Readiness Report' o Note: The Client is given 2 free readiness reports, as an element of the ITAM Foundation Package. Should additional evaluation reports be required to activate the ITAM Foundation Package, the Client will be billed a full day of service at pre -negotiated rates for each subsequent evaluation report. The fees are set forth in Exhibit B to this Agreement. Client Sign -off • Client agrees in writing that data, as defined at the start of the ITAM Foundation Package implementation process, represents - the data that will be implemented (imported) into the Ivanti Asset Manager environment. • Client discloses the need for any custom attributes that need to be added to support the Foundational data. • Client and LATEST SOLUTIONS will agree in writing that the defined customizations (if any) can be included in the current scope of work and associated service fees. o If customization is required that falls outside of the current scope of work and associated fees, a change request will be submitted reflecting the additional scope and related additional charges, subject to written pre - approval by Client, and where necessary, a written amendment to this Agreement. • If the Client determines that additional work is required to better prepare their asset data, additional services from LATEST SOLUTIONS can be purchased. • Cancellations that fall outside of defined Statement of Work agreements are subject to additional penalty fees. The fees are set forth in Exhibit B to this Agreement. System Install and • Cloud Clients will receive their Ivanti Asset Manager Tenants directly from Cloud Operations Configuration Ivanti Asset Manager will be configured for operations o Installation includes up to three environments (Staging, UAT, Production) o Installation includes standard setup and configuration o Installation includes the creation of any custom attributes agreed upon by both parties in writing Latest Solutions Page 12 of 19 nUACC 4 MORA AMM ITAAA CnIA/ 2443 Fillmore St#380- 4403 San Francisco, CA USA 94115 F%m • NOTICE: Clients adding Ivanti Asset Manager to an existing Ivanti Service Manager implementation will require additional services and associated fees. All such fees shall be subject to written pre -approval by the Client, and where necessary, an amendment to this Agreement. Import Client's ' Consultant will import and test all predefined foundational asset data Foundational Asset Data Configure, Connect ' Consultant will configure, connect, and import one defined discovery source, limited to the following sources: and Import o Neurons Discovery Source Data Dashboard ' The Foundation Package supports the creation of 4 additional Dashboards and/or Saved Searches, limited by: Creation o Dashboards are limited to out -of -the -box native configuration capabilities o Dashboards are limited to out -of -the -box attributes or custom attributes • Note: Custom attributes are limited to those customizations agreed upon in writing by the Client and Latest Solutions at the time of data validation. Neurons DEX • Train the Client's Neurons Team on the purpose and utilization of: o Neurons for DEX Training: d Discovery/ Connectors • Workspace/ Insights • Edge Intelligence & Advisors ■ Device Management ■ Self -Healing o Spend Intelligence o Up to 2 hours for each module of Neurons Neurons Tenant . Configure/Review your organization's tenant to for operational readiness. Configurations: Activities to include: o Directory Services Integration/Authentication 0 one (1) directory services integration using standard product o connectors and tooling (Azure Active Directory) o SSO Configuration with Customer SAML provider Neurons for 0 Connect up to two (2) discovery sources which include the Neurons Discovery: Discovery Agent & One Connector. 0 Configuration of discovery sources will utilize platform -provided connectors. Development of custom connectors are not in scope for this effort • Consultant will review and configure core endpoint discovery capabilities of the Ivanti Neurons agent to include the following: o Unmanaged Device Discovery o Queries o Review and validate discovered data for accuracy • Consultant will configure Neurons agents to be deployed to your endpoints to include: 0 2 Agent configurations o Agent Deployment: ■ Assist with deployment of agents using Neurons supported methods and tooling ■ Deploy agents to up to 300 devices o Review and validate discovered data for accuracy • Consultant will assist in the import of unmanaged and/or manually tracked devices into the Neurons tenant. Activities to include: Latest Solutions Page 13 of 19 DUACC 4 I 0RA ARAM MARA 0^1AI 2443 Fillmore St #380- 4403 San Francisco, CA USA 94115 o Importation of other inventory data ■ Import data from up to two (2) additional sources using Neurons supported methods and tooling (e.g. CSV imports) o Review and validate imported data for accuracy Conduct one (1) interactive enablement session with your team to review the importation of data into the Neurons tenant Consultant will configure the following capabilities in support of data normalization. Activities to include: o Review of Neurons Normalization and Reconciliation capabilities ■ Ensure proper classes are assigned for each device type o Conduct one (1) interactive enablement session with your team to review data normalization and data configuration — up to one (1) hour Neurons for Consultant will review and configure core analyst -based workspace Workspace: capabilities as agreed to during discovery and planning sessions. Activities to include: o Aggregated Inventory o Device View o Analyst view toolset — Remote Control (Agent & Agentless), Script Execution, and Remote Reboot • Analyst toolset configuration will use platform -provided capabilities and product tooling/methods to execute. ■ Custom third -party integrations are not in scope for this effort o Review the DEX score and user impact • Consultant will review and configure core user view workspace capabilities as agreed to during Discovery and Planning sessions. Activities to include: o Password Reset o Account Unlock - o Group Membership ■ User view toolset configuration will use platform - provided capabilities and product tooling/methods to execute. ■ Custom third -party integrations are not in scope for this effort o Review DEX Score and impact on Users Neurons for Edge: Consultant will review and configure core Edge Intelligence application capabilities and features as agreed to during discovery and planning sessions. Activities to include: • Configure up to two (2) Sensor -based monitoring policies using platform - provided MQTT publication/subscription definitions • Configure and Review Extensible Architecture • Configure and Review up to two (2) Real -Time Actions using platform - provided methods and tooling Neurons for Self- Consultant will review and configure core self -healing capabilities and features as Healing: agreed to during discovery and planning sessions. Activities to include: • Configuration of up to two (2) monitoring policies per agreed to design specifications • Configuration of up to two (2) low -complexity workflows to be initiated from monitoring policies per agreed to design specifications o Low -complexity workflows are defined as linear (non -branching) workflow procedures that utilize standard product tooling and methods to execute. These workflows will use only platform Latest Solutions Page 14 of 19 DUAQC 4 —OnA A— —RA cnuv 2443 Fillmore St #380- 4403 San Francisco, CA USA 94115 provided capabilities o Custom third -party integrations are not in scope for this effort Conduct one (1) interactive review session with your team's resources to review Monitoring and Workflow design- Up to one 1 hour Neurons Spend Consultant will import core license entitlement and discovery data into the Intelligence: Spend Intelligence platform as agreed to during discovery and planning sessions. Activities to include: • Importation of One (1) Customer Microsoft MLS specific to their organization o This SOW assumes that Customer has obtained their MLS file from Microsoft prior to the engagement • Validation of Customer's discovery/software Inventory data into Neurons for use with Spend intelligence • Consultant will review and configure core Spend Intelligence platform capabilities and features as agreed to during discovery and planning sessions. Activities to include: o Software Insights • Conduct interactive review and enablement sessions with Customer resources on the following Software Insights features and capabilities o Definition of Strategic Vendors o Licensable software • End of Life Software o If Applicable- configure Software Reclamation request call to Customer's Ivanti Service Manager ("ISM") instance • Note - this feature will invoke a Service Request ticket to be initiated in ISM. Design or configuration of this Service Request in ISM is not considered to be in scope for this engagement. • License Manager o Conduct interactive review and enablement sessions with Customer resources on the following License Manager features and capabilities o Comparison View • Review key features and practical use case value of Comparison View and related components within Spend Intelligence o Spend Dashboard • Review key features and practical use case value of the Spend Dashboard and related components within Spend Intelligence Training: The ITAM Administrators will receive instruction on the following: o Overview of Asset Manager features and capabilities Administrators o How to configure the system o How to add users and set roles and responsibilities o How to import and debug data from external sources using Import Connections o How to manage asset lifecycle activity o How to navigate the administrator's console o How to add new fields and modify forms o How to create saved searches and dashboards Training: End User Training up to 4 hours o Consultant will train ITAM Team on how to use the system to End Users manage asset lifecycle activity with a focus on Foundational Data o Consultant will train the ITAM Team on how use, modify, or create Latest Solutionsp Page 15 of 19 O LJ ACC 4 ITQRA AKIM "A RA CI XAI 2443 Fillmore St #380- 4403 San Francisco, CA USA 94115 dashboards o Consultant will train ITAM Team on how to use catalogs, consumables, and stock management LIAT Testing and ' Consultant will move development environment into UAT environment and work with Client to validate acceptance testing Acceptance Move to Production Upon successful buyoff of UAT testing, consultant will move UAT environment to production Latest Solutions Project Management have many years of experience delivering both simple and complex IT projects. Over the years, we have developed a complete project management methodology, fully scalable and designed to deliver projects successfully, on budget, and on time. With implementation packages, we guarantee a successful outcome for a fixed price, unless otherwise stated in the Statement of Work (SoW) or commercial offer. For implementations applies a tried and tested methodology that yields tangible value to your organization. Latest Solutions follows the Implementation Methodology presented below. The methodology has three well-defined phases, as described below: Latest Solutions use Smartsheets and other tools to coincide and blend with the Project Management Methodology Latest Solutionsp Page 16 of 19 OUACC 4 MC11A Ak1M 1TA%A 0/1 2443 Fillmore St #380- 4403 San Francisco, CA USA 94115 �T f Out of Scope By definition any item not deemed in scope is considered out of scope. Any item that is requestec which is out of scope shall be subject to written pre -approval by Customer, and where necessary, an amendment to this Agreement. For clarity, the following specific items are not included: Ref Description Any work outside of normal business hours, Monday to Friday excluding public holidays, is OS1 considered out of scope of the project and will be subject to additional fees as set forth in Exhibit B to this Agreement. OS2 Consultancy relating to any products not specified in the "In Scope' section of this document OS3 Consultancy related to any Ivanti Neurons product "bugs" or "defects" which will cause delays or extra work to correct or workarounds. Assumptions A successful implementation assumes a collaborative work effort by both parties. Latest Solution will provide configuration, best -practice guidance, knowledge transfer and implementation oversight leading to the completion of the deliverables. Recipient will provide and ensure reasonable availability of a core implementation team including an executive sponsor, project manager, subject matter experts, and system administrators. Recipient will also: • provide relevant application and process documentation, and assist with information, as deemed necessary, as it relates to the Ivanti product(s). Latest Solution will define required documentation as appropriate: • provide agreed physical and logical infrastructure as well as appropriate access, including site access, to the Latest Solutions consultant as necessary to enable the completion of required tasks; • purchase and provide licenses for all products that are included in the scope of this Statement of Work. • provide sufficient notice for rescheduling. Rescheduling requires a minimum of 10 business days' notice. Failure to notify Latest Solutions of need to reschedule will result in additional charges, in the amounts set forth in Exhibit B to this Agreement. Recipient may also incur a 4-6-week delay in project duration. • Unless otherwise stated in the Deliverables section above integrations between Ivanti Software or third -party products is not within the scope of this Statement of Work. Constraints The project will proceed with the following identified constraints. Any further constraints that are identified as the project progresses will be subject to a change control and an impact analysis, which may affect the cost and timescales of the project. Where these changes were not reasonably identifiable by Latest Solutions then Customer will bear any costs. All such additional changes and corresponding costs shall be subject to written pre -approval by Customer, and where necessary, an amendment to this Agreement. Latest Solutions Page 17 of 19 -ACC 4 ITC.. AKIM ITA%A On- 2443 Fillmore St #380- 4403 San Francisco, CA USA 94115 Customer Project Management Responsibilities Customer will designate a person to whom all Ivanti communications will be addressed and who has the authority to act for Customer in all aspects of this Statement of Work (the "Customer Project Manager"). The Customer Project Manager will: • Create and maintain an estimated schedule for the overall project. • Provide sufficient notice for rescheduling. Rescheduling requires minimum of 10 business days' notice. Failure to notify Latest Solutions of need to reschedule can result in additional charges, in the amount set forth in Exhibit B. • Work with the Latest Solutions Project Manager to identify resource requirements and desired skill sets. Latest Solutions recommends a two (2) week lead time to schedule consultants and make travel arrangements when adding resources. • Schedule resources in segments of no less than five (5) business days unless agreed to by both Latest Solution and Customer. • Schedule and facilitate completion of this engagement within the respective number of months from date of signing the PO • With Latest Solutions, administer Change Control and authorize Project Change requests. • Provide access to Customer facilities consistent with the estimated schedule for all resources. Consultants may require access to Customer facilities and systems outside normal business hours. Project Progress Reporting A regular meeting or a teleconference will be scheduled to discuss the Project status; the format will be jointly agreed between the Latest Solutions Project Manager and the Customer Project Manager. Depending on project complexity, the daily status reports may include: General progress to plan and causes for any Project delays. Project Plan updates for all tasks due or started ahead of schedule (actual days worked, percentage of completion for each major task, estimated completion dates, and actual completion dates). Issues and action items to resolve change order control items reviewed or for review, including any tasks to be worked on that are not included in the Detailed Project Plan and any tasks that will negatively impact the allotted budget. Delivery Schedule This SOW will deliver consulting over a maximum period of 12 months from the Effective Date of the corresponding Professional Services Agreement. Latest Solutions Page 18 of 19 OU ACC 4 -ORA A\Ill MA AA Q! XA/ 2443 Fillmore St #380- 4403 San Francisco, CA USA 94115 For invoicing purposes, the engagement is remote and will follow the payment schedule based on deliverables outlined in the description of work and milestones in the Payment Schedule. Deemed Completion Latest Solutions will be deemed to have completed its obligations under this SOW, upon the earlier to occur: • Latest Solutions provides the number of person days of services specified in this SOW; or • 12 months have elapsed since the Effective Date of the corresponding Professional Services Agreement. Travel Latest Solutions services are typically delivered remotely but may include limited onsite delivery. Onsite delivery will be at the sole discretion of Latest Solutions and at an additional cost. Additional costs for onsite delivery shall be subject to written pre -approval by Customer, and where necessary, an amendment to this Agreement. Warranty Completion of the deliverables by Latest Solutions occurs when the items above have been configured, suitably tested, and handed off to the customer. Customer has thirty (30) days from the date of delivery to test the deliverables and report any problems. After the thirty (30) day period, this project will be regarded as complete. In the event any deliverable is utilized for production purposes, the deliverables shall be deemed accepted. Term This Agreement shall commence on the Effective Date of the Effective Date of the corresponding Professional Services Agreement between the parties, and shall remain in force until Latest Solutions completes relevant deliverables defined above; or 12 months have elapsed unless terminated in accordance with this Agreement. Authorization In addition to any terms contained in this Statement of Work, the provision of the services described in this SOW ("Services") shall be subject to terms of the license agreement procured by you separately from this Agreement. Latest Solutions shall not be liable or held responsible for any issues arising out of licensing.. Neither the execution nor fulfillment of the Services will relieve or alter Latest Solutions or Customer rights or obligations with respect to standard Ivanti software and other products under the license agreements applicable to such software or products. Nothing in this document is intended to or shall have effect of vesting in or transferring to Customer's rights in Latest Solution's, its affiliates' or its suppliers' software, methods, know-how or other intellectual property, regardless of whether such intellectual property was created, used or first reduced to practice or tangible form by Latest Solutions in the course of performance of the Services hereunder. By executing the corresponding Professional Services Agreement between the parties, the parties each indicate their acceptance of the above. Latest Solutionsp Page 19 of 19 Du A00 4 IrCRA AMM - AAA QnIAJ 2443 Fillmore St #380- 4403 San Francisco, CA USA 9411S EXHIBIT B SCHEDULE OF BILLING RATES Latest Solutions USA LLC Page B-1 ESTIMATE Latest Solutions USA LLC jlavigne@latestsolutions.io 2443 Fillmore St +1 (877) 877-7784 San Francisco, CA 94115 www.latestsolutions.io Bill to Martin Rygiel City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 US Estimate details Contact Name: Avery Maglinti Estimate no.: 1397 Estimate date: 06/10/2025 Expiration date: 10/30/2025 # Product or service SKU Description 1. SVCS-Neurons SVCS-Neurons Ivanti Neurons Service Package (outcome -based) ITSM Milestone 1 - Project kickoff, design workshops, and configuration/review of core modules (Incident, Knowledge, Problem, Request, Change). PAID UPFRONT - $13,725 Milestone 2 -System testing, UAT, training, go -live support, and handover. Paid on delivery/acceptance - $13,725 ITAM Milestone 3 - Data -readiness validation, client sign -off, and asset imports/lifecycle setup. PAID UPFRONT - $13,725 Milestone 4 -Neurons DEX & Spend configuration, UAT, move to prod, validation. Paid on delivery/acceptance -$13,725 'Less than 10 days' notice to reschedule - $1,400 'Cost for on -site delivery is $500 (traveQ a day, plus regular hourly rate $220.00 an hour. 'Working outside business hours or holidays - $440 an hour (double-time). Additional evaluation reports - $220 per hour to create Ship to Martin Rygiel City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 US Qty Rate Amount 1 $54,900.00 $54.900.00 Total $54,900.00 Note to customer Phase 1: Incident, Knowledge Management with Knowledge imports, Expiry 10/30/2025 Problem Management, Change Management, Service Request up to date 3 (over the shoulder), DEX & Spend, and Asset Basic (Asset imports and Iifecycle management) ITSM Milestone 1 - Project kickoff, design workshops, and configuration/review of core modules (Incident, Knowledge, Problem, Request, Change). PAID UPFRONT-$13,725 Milestone 2 - System testing, UAT, training, go -live support, handover. Paid on delivery/acceptance - $13,725 ITAM Milestone 3 - Data -readiness validation, client sign -off, and asset imports/lifecycle setup. PAID UPFRONT - $13,725 Milestone 4 - Neurons DEX & Spend configuration, UAT, move to prod, validation. Paid on delivery/acceptance - $13,725 Accepted date 10/09/2025 Accepted by EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. Latest Solutions USA LLC Page C-1 D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim and four million dollars ($4,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least Latest Solutions USA LLC Page C-2 fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Right to Review Subcontracts. Consultant agrees that upon request, all agreements with subcontractors or others with whom Consultant enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. Self -insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. Latest Solutions USA LLC Page C-3 G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. H. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Latest Solutions USA LLC Page C-4 N Q1