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Klarinet Solutions LLC ~ C210114 CITY OF TIGARD - CONTRACT SUMMARY FORM Contract Title: Office 365 Orchestry Deployment Contractor Name: Klarinet Solutions Contract Manager: Keri Anderson Department: IT Contract Costs Original Contract Amount: $44,480.00 Total All Previous Amendments: n/a Total of this Amendment: $62,080.00 Total Contract Amount: $106,560.00 Procurement Authority Contract Type: Personal Services Procurement Type: Intermediate Quotes $10K<=$150K Solicitation Number: N/A LCRB Date: N/A Account String: AmountWork Order – Activity TypeFund-Division-Account FY 24 $8,160.00600-2300-54006 FY $4,000.00600-2300-5400124 FY 0600-2300-5400625 FY $20,000.00600-2300-5400125 Contracts & Purchasing Approval Purchasing Signature: Contract Overview Contract/Amendment Number: C210114a1 Contract Start Date: 3/15/21 Contract End Date: 3/14/25 Comments: Adding funds to cover contract overages and services for an additional year, processing 1 of 2 available extensions. $32,160 available in new expenses, $29,920 in contract overages. Rev. 8/21 CITY OF TIGARD, OREGON AMENDMENT TO CONTRACT NUMBER C210114 FOR OFFICE 365 ORCHESTRY DEPLOYMENT AMENDMENT #1 The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Klarinet Solutions, hereinafter referred to as Contractor, is hereby amended as follows: 1. EFFECTIVE DATE AND DURATION The term of the contract is extended for one (1) additional year and will expire on March 14, 2025, unless otherwise terminated or extended. 2. COMPENSATION The Compensation section of the Contract is amended to increase the total potential compensation payable under the Contract by Sixty-Two Thousand Eighty and No/100 Dollars ($62,080.00), to a new not to exceed amount of One Hundred Six Thousand Five Hundred Sixty and No/100 dollars ($106,560.00). This increase accounts for payments for contract services rendered to date and an additional year of services. The City agrees to pay the Contract for future services in accordance with the fee schedule outlined in Exhibit A. 3. METHOD AND PLACE OF SUBMITTING NOTICE, BILLS AND PAYMENTS Section 5, of the contract is amended to update the contacts for City and Contractor. CITY OF TIGARD Attn: Keri Anderson Address: 13125 SW Hall Blvd Tigard, OR 97223 Phone: (503) 718-2625 Email: keri.anderson@tigard-or.gov Except as expressly provided in this contract amendment, all other terms remain unchanged. IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. CITY OF TIGARD KLARINET SOLUTIONS Signature Signature Printed Name Printed Name Date Date DocuSign Envelope ID: AE381AD7-1D0C-46A6-977E-6640CFB0F016 Linda Amaro 4/24/2024 Steve Rymer 4/25/2024 Rev. 8/21 EXHIBIT A PRICE AND PAYMENT SCHEDULE 1. Licensing Recurring Services Contractor will deliver the following licensing services at a fixed cost per user per year. Yearly Licensing Fee Component Qty Yearly Total Orchestry *Pricing is $2 per user per month; paid yearly. If throughout the year the user count increases by more than 15%, Contractor will invoice for additional Orchestry licenses required 340 $8,160 Total Yearly Licensing Fees: $8,160/year 2. Monthly Recurring Services Contractor will deliver the services described here for a monthly price with some ad-hoc billings for monthly consulting services for the fees set forth below: Recurring Fee Component Qty Fee Strategy Core Services + Velocity Site Metrics Software 1 $500 Monthly Service Hours Budget (not to exceed) $1,500 Total Monthly Service Fee Not to Exceed: $2,000 Monthly services hours will be billed at the following rates: Position Rate Per Hour Architect $295 Engineer $195 Helpdesk $155 DocuSign Envelope ID: AE381AD7-1D0C-46A6-977E-6640CFB0F016 CITY OF TIGARD-CONTRACT SUMMARY FORM Contract Overview Contract/Amendment Number: C210114 Contract Start Date: 3/15/21 Contract End Date: 3/14/24 Contract Title: Office 365 Orchestry Deployment Contractor Name: Klarinet Contract Manager: Mike Nolop Department: IT Contract Costs Original Contract Amount: $44,480.00 Total All Previous Amendments: Total of this Amendment: Total Contract Amount: $44,480.00 Procurement Authority Contract Type: Personal Services Procurement Type: Intermediate Quotes $10K<=$150K Solicitation Number: LCRB Date: Account String: Fund-Division-Account Work Order—Activit): yPe Amount FY 21 600-2300-54006 $8,160.00 FY 21 600-2300-54001 $10,000 FY 22 600-2300-54006 $8,160.00 FY 22 600-2300-54001 $10,000.00 FY 23 600-2300-54006 $8,160.00 Contracts & Purchasing Approval �- Purchasing Signature: Comments: DocuSign Envelope ID: EB4674D9-44F1-4747-9F39-F2CC9CO218D6 CONTRACT#C210114 CITY OF TIGARD,OREGON PERSONAL SERVICES CONTRACT OFFICE 365 ORCHESTRY DEPLOYMENT THIS AGREEMENT made and entered into this 15tht day of March, 2021 by and between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City,and Klarinet,hereinafter called Contractor. RECITALS WHEREAS, the City's 2021 fiscal year budget provides for services related to information technology consulting services;and WHEREAS, City has need for the services of a company with a particular training, ability, knowledge, and experience possessed by Contractor, and WHEREAS, City has determined that Contractor is qualified and capable of performing the professional services as City does hereinafter require,under those terms and conditions set forth, THEREFORE, the Parties agree as follows: 1. SERVICES TO BE PROVIDED Contractor will initiate services immediately upon receipt of City's notice to proceed together with an executed copy of this Agreement. Contractor agrees to complete work that is detailed in Exhibit A, incorporated herein by reference. 2. EFFECTIVE DATE AND DURATION This Agreement is effective upon the date of execution and expires on March 14,2024 with the option to renew for up to two additional years unless otherwise terminated or extended. All work under this Agreement must be completed prior to the expiration of this Agreement. 3. COMPENSATION The City agrees to pay Contractor in accordance with the fee schedule outlined in Exhibit A. The total amount paid to the Contractor by the City may not exceed Forty Four Thousand Four Hundred Eighty and No/100 Dollars ($44,480.00). Payments made to Contractor will be based upon the following applicable terms: A. Payment by City to Contractor for performance of services under this Agreement includes all expenses incurred by Contractor, with the exception of expenses, if any, identified in this Agreement as separately reimbursable. B. Payment will be made in installments based on Contractor's invoice, subject to the approval of the City Manager, or designee, and not more frequently than monthly. Unless otherwise agreed, payment will be made only for work actually completed as of the date of invoice. C. Payment by City releases City from any further obligation for payment to Contractor for services DocuSign Envelope ID: EB4674D9-44F1-4747-9F39-F2CC9CO218D6 performed or expenses incurred as of the date of the invoice. Payment may not be considered acceptance or approval of any work or waiver of any defects therein. D. Contractor must make payments promptly, as due, to all persons supplying labor or materials for the performance of the work provided for in this Agreement. E. Contractor may not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. F. Contractor will pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. G. Contractor will pay all contributions or amounts due the Industrial Accident Fund from the contractor or any subcontractor. H. If Contractor fails,neglects,or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City's Finance Director may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner does not relieve Contractor or their surety from obligation with respect to any unpaid claims. I. Contractor will promptly, as due, make payment to any person, co-partnership, association, or corporation, furnishing medical, surgical, and hospital care or other needed care and attention, incident to sickness or injury, to the employees of Contractor, of all sums that Contractor agrees to pay for the services and all moneys and sums that Contractor collected or deducted from the wages of employees pursuant to any law, contract, or agreement for the purpose of providing or paying for services. J. Contractor and its employees, if any, are not active members of the Oregon Public Employees Retirement System and are not employed for a total of 600 hours or more in the calendar year by any public employer participating in the Retirement System. K. Contractor must obtain, prior to the execution of any performance under this Agreement, a City of Tigard Business License. The Tigard Business License is based on a calendar year with a December 31st expiration date. New businesses operating in Tigard after June 30th of the current year will pay a pro-rated fee though the end of the calendar year. L. The City certifies that sufficient funds are available and authorized for this Agreement during the current fiscal year. Funding during future fiscal years is subject to budget approval by Tigard's City Council. 4. OWNERSHIP OF WORK PRODUCT City is the owner of and is entitled to possession of any and all work products of Contractor which result from this Agreement,including any computations,plans,correspondence,or pertinent data and information gathered by or computed by Contractor prior to termination of this Agreement by Contractor or upon completion of the work pursuant to this Agreement. Page 2 DocuSign Envelope ID: EB4674D9-44F1-4747-9F39-F2CC9CO218D6 5. ASSIGNMENT/DELEGATION Neither party may assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other and no assignment has any force or effect unless and until the other party has consented. If City agrees to assignment of tasks to a subcontract, Contractor is fully responsible for the acts or omissions of any subcontractors and of all persons employed by them. Neither the approval by City of any subcontractor nor anything contained herein creates any contractual relation between the subcontractor and City. The provisions of this Agreement are binding upon and will inure to the benefit of the parties to the Agreement and their respective successors and assigns. 6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR Contractor certifies that: A. Contractor acknowledges that for all purposes related to this Agreement,Contractor is an independent contractor as defined by ORS 670.600 and not an employee of City. Contractor is not entitled to benefits of any kind to which an employee of City is entitled and is solely responsible for all payments and taxes required by law. Furthermore, in the event that Contractor is found by a court of law or any administrative agency to be an employee of City for any purpose, City is entitled to offset compensation due, or to demand repayment of any amounts paid to Contractor under the terms of this Agreement, to the full extent of any benefits or other remuneration Contractor receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to Contractor or to a third party) as a result of said finding. B. Contractor is not an officer, employee, or agent of the City as those terms are used in ORS 30.265. 7. CONFLICT OF INTEREST The undersigned Contractor hereby represents that no employee of the City, or any partnership or corporation in which a City employee has an interest, has or will receive any remuneration of any description from Contractor,either directly or indirectly,in connection with the letting or performance of this Agreement, except as specifically declared in writing. If this payment is to be charged against Federal funds,Contractor certifies that he/she is not currently employed by the Federal Government and the amount charged does not exceed their normal charge for the type of service provided. 8. INDEMNIFICATION City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor represents that all of its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state, and local laws, it being understood that acceptance of a Contractor's work by City will not operate as a waiver or release. Contractor agrees to indemnify and defend the City,its officers,employees,agents,and representatives and hold them harmless from any and all liability,causes of action,claims,losses,damages,judgments, or other costs or expenses, including attorney's fees and witness costs (at both trial and appeal level, whether or not a trial or appeal ever takes place including any hearing before federal or state administrative agencies), that may be asserted by any person or entity which in any way arise from, during, or in connection with the performance of the work described in this contract, except liability Page 3 DocuSign Envelope ID: EB4674D9-44F1-4747-9F39-F2CC9CO218D6 arising out of the sole negligence of the City and its employees. Such indemnification will also cover claims brought against the City under state or federal worker's compensation laws. If any aspect of this indemnity is found to be illegal or invalid for any reason whatsoever, such illegality or invalidity does not affect the validity of the remainder of this indemnification. 9. INSURANCE Contractor and its subcontractors must maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance must cover risks arising directly or indirectly out of Contractor's activities or work hereunder,including the operations of its subcontractors of any tier. The policy or policies of insurance maintained by the Contractor must provide at least the following Emits and coverages: A. Commercial General Liability Insurance Contractor will obtain,at Contractor's expense,and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (CG 2010 1185 or equivalent). This coverage must include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Coverage Limit General Aggregate $2,000,000 Each Occurrence $2,000,000 B. Commercial Automobile Insurance Based on the scope of work, which requires no driving as part of the project, additional auto insurance is not required. Contractor will obtain,at Contractor's expense,and keep in effect during the term of the contract, automobile insurance as required by the State of Oregon. The procuring of such required insurance shall not be construed to limit Contractor's liability hereunder. Notwithstanding said insurance, Performer shall be obligated for the total amount of any damage,injury, or loss caused by negligence or neglect connected with this Agreement. C. Technology Errors and Omissions; Cyber Liability Contractor shall maintain liability insurance covering acts, errors, or omissions,including negligent acts, arising out of the performance or failure to perform services related to the Products and Services under this Agreement. Contractor shall maintain insurance that will cover any and all claims and losses with respect to network risks (such as data breaches, unauthorized access/use, ID theft, invasion of privacy, damage/loss/theft of data, degradation, downtime, etc.) and infringement of intellectual property, such as copyrights, trademarks, service marks and trade dress. Such insurance shall include limits of coverage of not less than $2,000,000 written on a per occurrence basis. If coverage is written on a claims-made basis, coverage shall remain in effect for not less than three (3) years following the date of termination or expiration of this Agreement. Evidence of the coverage must be sent to the City for three years following termination or Page 4 DocuSign Envelope ID: EB4674D9-44F1-4747-9F39-F2CC9CO218D6 expiration of this Agreement. D. Workers' Compensation Insurance The Contractor, its subcontractors, if any, and all employers providing work, labor, or materials under this Contract that are subject employers under the Oregon Workers' Compensation Law must comply with ORS 656.017,which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any employee need not obtain workers' compensation coverage. All non- exempt employers must provide Employer's Liability Insurance with coverage limits of not less than$1,000,000 each accident. E. Additional Insured Provision All required insurance policies, other than Workers' Compensation and Professional Liability, must name the City its officers, employees,agents,and representatives as additional insureds with respect to this Agreement. F. Insurance Carrier Rating Coverages provided by the Contractor must be underwritten by an insurance company deemed acceptable by the City. All policies of insurance must be written by companies having an A.M. Best rating of "A-VII" or better, or equivalent. The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. G. Self-Insurance The City understands that some contractors may self-insure for business risks and the City will consider whether such self-insurance is acceptable if it meets the minimum insurance requirements for the type of coverage required. If Contractor is self-insured for commercial general liability or automobile liability insurance, Contractor must provide evidence of such self-insurance. Contractor must provide a Certificate of Insurance showing evidence of the coverage amounts on a form acceptable to the City. The City reserves the right in its sole discretion to determine whether self-insurance is adequate. H. Certificates of Insurance As evidence of the insurance coverage required by the contract, Contractor will furnish a Certificate of Insurance to the City. No contract is effective until the required Certificates of Insurance have been received and approved by the City. The certificate will specify and document all provisions within this contract and include a copy of Additional Insured Endorsement. A renewal certificate will be sent to the below address prior to coverage expiration. I. Primary Coverage Clarification The parties agree that Contractor's coverage is primary to the extent permitted by law. The parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section. Page 5 DocuSign Envelope ID: EB4674D9-44F1-4747-9F39-F2CC9CO218D6 J. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability, professional liability,pollution, and errors and omissions policies required by this Agreement. A certificate in form satisfactory to the City certifying to the issuance of such insurance will be forwarded to: City of Tigard Attn: Contracts and Purchasing Office 13125 SW Hall Blvd. Tigard, Oregon 97223 OR contractspurchasingktigard-or.gov At the discretion of the City, a copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, may be required to be forwarded to the above address. Such policies or certificates must be delivered prior to commencement of the work. The procuring of such required insurance will not be construed to limit Contractor's liability hereunder. Notwithstanding said insurance, Contractor is obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this Agreement. 10. METHOD & PLACE OF SUBMITTING NOTICE, BILLS AND PAYMENTS All notices, bills and payments will be made in writing and may be given by personal delivery,mail, or by fax. Payments may be made by personal delivery, mail, or electronic transfer. The following addresses will be used to transmit notices,bills,payments, and other information: CITY OF TIGARD Ki ARINET Attn: Mike Nolop Attn: Linda Amaro Address: 13125 SW Hall Blvd Address:2535 Camino Del Rio South, Suite 310 Tigard, OR 97223 San Diego, CA 92108 Phone: (503) 718-2757 Phone: (619) 994-2005 Email: mikn e,tigard-or.gov Email: lindana klarinetsolutions com Notice will be deemed given upon deposit in the United States mail, postage prepaid, or when so faxed,upon successful fax. In all other instances,notices,bills and payments will be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to who notices, bills, and payments are to be given by giving written notice pursuant to this paragraph. 11. SURVIVAL The terms, conditions, representations, and warranties contained in this Agreement survive the termination or expiration of this Agreement. 12. MERGER This writing is intended both as a final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No Page 6 DocuSign Envelope ID: EB4674D9-44F1-4747-9F39-F2CC9CO218D6 modification of this Agreement will be effective unless and until it is made in writing and signed by both parties. 13. TERMINATION WITHOUT CAUSE At any time and without cause, City has the right in its sole discretion to terminate this Agreement by giving notice to Contractor. If City terminates this Agreement pursuant to this paragraph, City will pay Contractor for services rendered to the date of termination. 14. TERMINATION WITH CAUSE A. City may terminate this Agreement effective upon delivery of written notice to Contractor, or at such later date as may be established by City,under any of the following conditions: 1) If City funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds. 2) If federal or state regulations or guidelines are modified, changed,or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. 3) If any license or certificate required by law or regulation to be held by Contractor, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied, revoked, or not renewed. 4) If Contractor becomes insolvent,if voluntary or involuntary petition in bankruptcy is filed by or against Contractor, if a receiver or trustee is appointed for Contractor, or if there is an assignment for the benefit of creditors of Contractor. Any such termination of this agreement under paragraph (A) will be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. B. City, by written notice of default (including breach of contract) to Contractor,may terminate the whole or any part of this Agreement: 1) If Contractor fails to provide services called for by this Agreement within the time specified, or 2) If Contractor fails to perform any of the other provisions of this Agreement,or fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from City, fails to correct such failures within ten (10) days or such other period as City may authorize. The rights and remedies of City provided above related to defaults (including breach of contract) by Contractor are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. If City terminates this Agreement under paragraph (B), Contractor will be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred,provided, that the City may deduct the amount of damages, if any, sustained by City due to breach of contract by Contractor. Damages for breach of contract include those allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. Page 7 DocuSign Envelope ID: EB4674D9-44F1-4747-9F39-F2CC9CO218D6 15. ACCESS TO RECORDS City will have access to such books, documents, papers and records of Contractor as are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 16. HAZARDOUS MATERIALS Contractor will comply with all federal Occupational Safety and Health Administration (OSHA) requirements and all Oregon safety and health requirements. In accordance with OSHA and Oregon OSHA Hazard Communication Rules, if any goods or services provided under this Agreement may release, or otherwise result in an exposure to, a hazardous chemical under normal conditions of use (for example, employees of a construction contractor working on-site), it is the responsibility of Contractor to provide the City with the following information: all applicable Safety Data Sheets, the identity of the chemical/s, how Contractor will inform employees about any precautions necessary, an explanation of any labeling system, and the safe work practices to prevent exposure. In addition, Contractor must label,tag, or mark such goods. 17. FORCE MATEURE Neither City nor Contractor will be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled,including but not restricted to, an act of God or of a public enemy, civil unrest,volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo,unusually severe weather or delay of subcontractor or supplies due to such cause;provided that the parties so disenabled will within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification will not be the basis for a claim for additional compensation. Each party will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will,upon cessation of the cause,diligently pursue performance of its obligation under the Agreement. 18. NON-WAIVER The failure of City to insist upon or enforce strict performance by Contractor of any of the terms of this Agreement or to exercise any rights hereunder should not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future occasion. 19. HOURS OF LABOR,PAYE UITY In accordance with ORS 279B.235, the following are hereby incorporated in full by this reference: A. Contractor may not employ an individual for more than 10 hours in any one day, or 40 hours in any one week, except as provided by law. For contracts for personal services, as defined in ORS 279A.055, Contractor must pay employees at least time and a half pay for all overtime the employees work in excess of 40 hours in any one week, except for employees who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to 209 from receiving overtime. B. Contractor must give notice in writing to employees who work on a public contract, either at the time of hire or before commencement of work on the contract,or by positing a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. Page 8 DocuSign Envelope ID: EB4674D9-44F1-4747-9F39-F2CC9CO218D6 C. Contractor may not prohibit any of Contractor's employees from discussing the employee's rate of wage,salary,benefits or other compensation with another employee or another person and may not retaliate against an employee who discusses the employee's rate of wage, salary, benefits or other compensation with another employee or another person. D. Contractor must comply with the pay equity provisions in ORS 652.220. Compliance is a material element of this Agreement and failure to comply will be deemed a breach that entitles City to terminate this Agreement for cause. 20. NON-DISCRIMINATION Contractor will comply with all federal, state, and local laws, codes, regulations, and ordinances applicable to the provision of services under this Agreement,including,without limitation: A. Title VI of the Civil Rights Act of 1964; B. Section V of the Rehabilitation Act of 1973; C. The Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act (ADAAA) of 2008 (Pub L No 101- 336); and D. ORS 659A.142,including all amendments of and regulations and administrative rules,and all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 21. ERRORS Contractor will perform such additional work as may be necessary to correct errors in the work required under this Agreement without undue delays and without additional cost. 22. EXTRA(CHANGES)WORK Only the City's Project Manager for this Agreement may change or authorize additional work. Failure of Contractor to secure authorization for extra work constitutes a waiver of all right to adjust the contract price or contract time due to such unauthorized extra work and Contractor will not be entitled to compensation for the performance of unauthorized work. 23. WARRANTIES Contractor will warrant and guarantee work during the term of this Agreement that all practices and procedures, workmanship and materials are the best available unless otherwise specified in the profession. Neither acceptance of the work nor payment therefore relieves Contractor from liability under warranties contained in or implied by this Agreement. Except as may otherwise be expressly permitted or provided in this Agreement, all services will be transferred to the City free and clear of any and all restrictions on or conditions of transfer, modification, licensing, sublicensing, direct or indirect distribution, or assignment, and free and clear of any and all liens, claims, mortgages, security interests, liabilities, and encumbrances of any kind. Contractor will maintain, operate, and enforce,prior to the receipt of and during the period in which Contractor has possession of or access to any personal information, an active and effective Page 9 DocuSign Envelope ID: EB4674D9-44F1-4747-9F39-F2CC9CO218D6 information security program to preserve the security and confidentiality of all personal information that is contained in any document, record, compilation of information or other items to which Contractor receives access,possession, custody or control. 24. ATTORNEY'S FEES In the event an action, suit of proceeding, including appeal, is brought for failure to observe any of the terms of this Agreement, each party is responsible for that party's own attorney fees, expenses, costs and disbursements for the action, suit,proceeding, or appeal. 25. CHOICE OF LAW,VENUE The provisions of this Agreement are governed by Oregon law. Venue will be the State of Oregon Circuit Court in Washington County or the U.S. District Court for Oregon,Portland. 26. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES Contractor will comply with all applicable federal, state and local laws,rules and regulations applicable to the work in this Agreement. 27. CONFLICT BETWEEN TERMS In the event of a conflict between the terms of this Agreement and Contractor's proposal, this Agreement will control. In the event of conflict between a provision in the main body of the Agreement and a provision in the Exhibits, the provision in the main body of the Agreement will control. In the event of an inconsistency between Exhibit A and Exhibit B,Exhibit A will control. 28. AUDIT Contractor will maintain records to assure conformance with the terms and conditions of this Agreement and to assure adequate performance and accurate expenditures within the contract period. Contractor agrees to permit City,the State of Oregon,the federal government,or their duly authorized representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of funds. 29. SEVERABILITY In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction,the validity of the remaining terms and provisions will not be impaired unless the illegal or unenforceable provision affects a significant right or responsibility, in which case the adversely affected party may request renegotiation of the Agreement and,if negotiations fail,may terminate the Agreement. 30. COMPLIANCE WITH TAX LAWS Contractor represents and warrants that Contractor is, to the best of the undersigned's knowledge, not in violation of any Oregon tax laws including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318. Contractor's failure to comply with the tax laws of this state or a political subdivision of this state before the Contractor executed this Agreement or during the term of this Agreement is a default for which the City may terminate this Agreement and seek damages and other relief available under the terms of this Agreement or applicable law. [Signature Page to Follow] Page 10 DocuSign Envelope ID: EB4674D9-44F1-4747-9F39-F2CC9CO218D6 IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed by their duly authorized officials. CITY OF TIGARD KLARINET ocu �gne y: B By: �+n Qw�ara 89ESF10BNMA476 Name: Name: ..- Steve Rymer Linda Amaro Title: City Manager Title: CEO Date: 03/11/2021 Date: 3/11/2021 Page 11 DocuSign Envelope ID: EB4674D9-44F1-4747-9F39-F2CC9CO218D6 EXHIBIT A rinet Orchestry Deployment & Ongoing Strategy + Consulting Services Statement of Work For: The City of Tigard • 4' 0 Tigard , Oregon December 21, 2020 Prepared By: Brian Long, Director of Business Development Matt Fishman, Director of Service Delivery DocuSign Envelope ID: EB4674D9-44F1-4747-9F39-F2CC9CO218D6 STATEMENT OF WORK FOR THE CITY OF TIGARD ORCHESTRY DEPLOYMENT&ONGOING STRATEGY+CONSULTING SERVICES Table of Contents 1 Our Process................................................................................................................................3 2 Executive Summary....................................................................................................................4 3 Current Environment..................................................................................................................4 4 Project Deliverables....................................................................................................................5 5 Project Description.....................................................................................................................6 5.1 Fixed Fee Services.........................................................................................................................6 5.2 Recurring Services.........................................................................................................................7 5.3 Out of Scope..................................................................................................................................8 6 Project Timeframe......................................................................................................................8 6.1 Resources and Skills......................................................................................................................8 7 Locations....................................................................................................................................9 8 Assumptions...............................................................................................................................9 9 Price and Payment Schedule.....................................................................................................10 9.1 Fixed Fees....................................................................................................................................10 9.2 Monthly Recurring Services........................................................................................................10 9.3 Licensing Recurring Services.......................................................................................................11 9.4 Payment Schedule.......................................................................................................................11 9.5 Travel Expenses...........................................................................................................................11 10 References............................................................................................................................12 11 Terms and Conditions ...........................................................................................................13 12 SOW Acceptance...................................................................................................................14 13 About Klarinet Solutions .......................................................................................................15 13.1 History.........................................................................................................................................15 13.2 Mission &Vision..........................................................................................................................15 13.3 Solutions Provided ......................................................................................................................15 13.4 Microsoft Competency ...............................................................................................................15 SoKlarinet' CONFIDENTIAL I PAGE 2 OF 15 DocuSign Envelope ID: EB4674D9-44F1-4747-9F39-F2CC9CO218D6 STATEMENT OF WORK FOR THE CITY OF TIGARD ORCHESTRY DEPLOYMENT&ONGOING STRATEGY+CONSULTING SERVICES 1 Our Process Evaluate What do you want and need support - Keeping it # current Design Implement How should it Going Live? work? Build Putting it t0g9ther �KlarinetG CONFIDENTIAL I PAGE 3 OF 15 DocuSign Envelope ID: EB4674D9-44F1-4747-9F39-F2CC9CO218D6 STATEMENT OF WORK FOR THE CITY OF TIGARD ORCHESTRY DEPLOYMENT&ONGOING STRATEGY+CONSULTING SERVICES 2 Executive Summary The City of Tigard ("Customer") has started a journey of moving to Microsoft 365 and is currently using Teams Online for document collaboration,team collaboration, communication, and information sharing. As Teams was rolled out to employees and adopted, the need to govern and provide specific workspace templates with added functionality was needed to use the system effectively as a team collaboration tool. A third-party add-in tool to Microsoft Teams called Orchestry will provide a balanced platform composted of adoption tools, engaging templates, controlled provisioning, and self-service tools to drive usage and adoption success in Microsoft 365 and Microsoft Teams. Klarinet Solutions can deploy this powerful solution within the existing City of Tigard Microsoft 365 tenant and provide ongoing strategy and consulting services to support the continued adoption of the Microsoft Cloud tools available to the city. Customer Objectives: • Implement modern Microsoft Team's capabilities and encourage team collaboration, document management, and task completion • Drive innovation, efficiency, and engagement by bringing users, information, and conversations into a single collaborative space • Navigate key stakeholders through the Microsoft 365 chaos by providing them with the right solutions and designing a strategy for best implementing these cloud tools • Provide ongoing strategy services around the city's Modern Digital Workplace needs • Implement new enhancements to any tool within the Microsoft 365 cloud suite • Providing training and instructional help as needed to empower The City of Tigard's team to do as much as possible in house • Provide Orchestry per month licensing services for up to 400 users 3 Current Environment • Onsite Intranet site - Microsoft Office SharePoint Server 2007 (basic maintenance capacity) • Using Microsoft 365 o Branded Home Page o Structured sites for Human Resources, Quality&Safety 0 339 Office 365 G3 Licenses 0 28 Active Office 365 F3 Licenses(adjusts to 50 during summer months) • Teams use: 0 90 Teams (6 dynamic) o Project team sites o Teams chat, channels,video calls, and video conferencing in use o On average, one new Teams site request comes in every week o Project teams are deleted every 2-3 months • Running Exchange Online • Using OneDrive online • Power BI in use (limited) • Limited SharePoint Online usage o Only building new sites in SharePoint Online • Using Power Platform Forms and Power Automate SoKlarinet CONFIDENTIAL I PAGE 4 OF 15 DocuSign Envelope ID: EB4674D9-44F1-4747-9F39-F2CC9CO218D6 STATEMENT OF WORK FOR THE CITY OF TIGARD ORCHESTRY DEPLOYMENT&ONGOING STRATEGY+CONSULTING SERVICES o Public facing forms with attached workflows o Onsite contact tracing o Telecommute check-ins • 184 users who use at lease one service other than Outlook/Exchange • 198 users who regularly use 4 or more services out of Office 365 4 Project Deliverables The following provides an outline of the associated deliverables for this project and alignment with the product line items later in the document. • Project Management and Oversight o Weekly status meetings, project communications and tracking project status • Orchestry Configuration and Deployment o Orchestry installation, basic setup, and post installation verification o Custom Workspace creation (3) including requirements workshops, (3) iterations for review and implementation as Orchestry workspaces o Basic Orchestry training including configuration and upkeep of templates, configuration options for the Workspace directory and basic usages o End user training materials related to Workspaces for end users • Strategy Core Services o Cloud strategy services from Klarinet's expert team to provide continuous cloud adoption services o Software license for Klarinet's Velocity Site Metrics solution (500 users or less) o Evaluate Velocity Site Metrics usage reports and provide advice for changes to improve usage and adoption. Velocity Site Metrics Software includes: ■ Intranet Analytics ■ Traffic Trends ■ Customizable Dashboards ■ Real Time Visitor Tracking ■ Engagement and Goals ■ Download Tracking ■ Session Recording • Monthly Service Hours Budget o Monthly consulting ad-hoc services to be used as need for consulting support, updates and project work to implement new solutions such as new site templates, deploying Power Apps and Automate workflows, migration of data, etc.. o Recommended 3-month post Orchestry deployment budget of$2,000 to provide access to a team of Microsoft Modern Digital Workplace consultants o After 3 months'; monthly "service hours" budget will be evaluated to determine if more or less is required and budgets can be adjusted at any time o Un-used monthly consulting budget rolls forward into the city's available bucket of "Service Hours" o Budget can be used for data migration services which are listed as "out of scope" o Un-used monthly consulting budget must be used prior to contract cancellation ■ 30-day notice is required to cancel agreement and ongoing consulting arrangement with Klarinet Solutions so Klarinet' CONFIDENTIAL I PAGE 5 OF 15 DocuSign Envelope ID: EB4674D9-44F1-4747-9F39-F2CC9CO218D6 STATEMENT OF WORK FOR THE CITY OF TIGARD ORCHESTRY DEPLOYMENT&ONGOING STRATEGY+CONSULTING SERVICES • Orchestry Licensing Services o 340 Orchestry licenses (only for Office 365 G3 users) ■ See: www.orchestry.com 5 Project Description Klarinet Solutions will deliver the following services on a fixed cost basis throughout the duration of the engagement. 5.1 Fixed Fee Services Proiect Management and Oversight The Project Core Fee covers the cost of planning the project, project management and staffing. Klarinet will: • Assist your team in planning the entire project to ensure business continuity during the project • Provide a comprehensive Quality Assurance process to ensure your business is uninterrupted • Provide a central point of contact for your team to manage the project expectations Orchestry Configuration and Deployment The City of Tigard is seeking to implement an intuitive Microsoft Teams solution that delivers a collaborative experience that prioritizes adoption,governance, and the successful usage of Microsoft Teams. Klarinet Solutions will partner with City of Tigard to deploy Orchestry, a cost-effect solution that empowers organizations to get the outcomes they desire out of Microsoft 365, Microsoft Teams, and Share Point. We simplify the approach to Modern Collaboration Architecture and create Microsoft Teams templates with ease, as well as leverage a single view and intuitive Workspace Directory. Working closely alongside your Executives and IT staff, our own highly skilled and award-winning professional team will assist in planning, preparing, and implementing your Orchestry solution to meet the specific needs of City of Tigard. In addition,we will mentor your team every step of the way, from planning to post-implementation support and training. Klarinet Solutions will assist your team to: • Install Orchestry into the city's digital workplace environment • Review permission and consent required • Verify Orchestry Teams App install, Orchestry Web App install and Orchestry Web Part installation • Workspace directory configuration including initial import, import options and default visibility of Teams, Sites and Groups • Deployment of the out of the box Orchestry Templates • Deploy approval workflow, naming policy, and configuration for out of the box templates(Team, Team Site and Communication Site) • Deploy Index options including automatically creating non-Orchestry created assets, hiding of private Teams/Sites and user override of Workspace Directory options • Orchestry App Visibility configuration including configuration of Teams App Policy and Teams Set Up Policies so Klarinet' CONFIDENTIAL I PAGE 6 OF 15 DocuSign Envelope ID: EB4674D9-44F1-4747-9F39-F2CC9CO218D6 STATEMENT OF WORK FOR THE CITY OF TIGARD ORCHESTRY DEPLOYMENT&ONGOING STRATEGY+CONSULTING SERVICES 5.2 Recurring Services Strategy Core Services On a monthly basis, Klarinet solutions will provide software plus professional services to guide your company on its cloud adoption journey. The client experience manager assigned to work with you will provide the management of the following services and will act as your single point of contact for the relationship. Our client support team is also available to assist on an as needed basis by emailing support@ klarinetsolutions.com or through our support portal at https://support.klarinetsolutions.com. As a part of this fee, the following services are included, and the time spent on these activities will not be billed to your"service hours" budget. • Monthly KS Tech Webinars which are also available on demand if your unable to attend live (1 hour per month) • Quarterly briefing sessions with a Klarinet Solutions Architect • Annual review meeting with Klarinet Solutions Business Leader • Klarinet's Velocity Site Metrics software to help drive engagement and user adoption. Software includes: o Intranet Analytics o Traffic Trends o Customizable Dashboards o Real Time Visitor Tracking o User Flows and Paths o Engagement and Goals o Download Tracking o Session Recording o Click Heat-maps Service Hours Budget Service hours are designed to be used for ad-hoc consulting services. Klarinet Solutions will provide access to our talented information technology bench from Tier 1 up to Architect level-based support/consulting. Hours are billed according to the charge rate of the resource assigned.The Managed Consulting Budget provides for ad-hoc support & consulting by the hour. Hours are billed in 15-minute increments of time on actual time spent. Any un-used monthly consulting budget rolls forward into your available bucket of service hour funds. Whatever funds are available at any given time can be used towards funding project work. Klarinet recommends a monthly service budget of $2,000 per month for the first 3 months post Intranet deployment at the city. The budget will be evaluated after three months to determine if more or less is required. Monthly budget amounts can be adjusted at any time. so Klarinet' CONFIDENTIAL I PAGE 7 OF 15 DocuSign Envelope ID: EB4674D9-44F1-4747-9F39-F2CC9CO218D6 STATEMENT OF WORK FOR THE CITY OF TIGARD ORCHESTRY DEPLOYMENT&ONGOING STRATEGY+CONSULTING SERVICES Rate Card: Position Rate Per Hour Architect $295 Engineer $195 Helpdesk $155 5.3 Out of Scope Any services not explicitly listed above as "In Scope" shall be considered out of scope for this project. Note: Service hour budget can be used to perform any out-of-scope services. 6 Project Timeframe Estimated Start Date: (10) Days from signed contract and initial deposit payment. The estimated project duration is approximately 2 to 3 weeks *. Klarinet Solutions will work with Customer to provide the required resources to meet a schedule that would be agreeable to all parties. In addition,the schedule assumes reasonable access to Customer resources and does not allow for holidays, vacations, and unforeseen delays in deliveries. *Please be advised that the above timeframe is to provide a general timeline for delivery and is not a true reflection of the total man hours/effort involved for this engagement. 6.1 Resources and Skills Your project will have a project management resource assigned by Klarinet Solutions to ensure successful delivery.This resource will be your first stop after accepting your statement of work and paying your initial invoice by way of a project pre-kickoff meeting. During this meeting they will introduce themselves and our team and ensure all prerequisites are met for a smooth kickoff to your project.At kickoff you will have a technical overview of your statement of work with your delivery consultant. Post kickoff your project will enter a discovery phase;typically for about 5 business days;for your project consultant to check health, counts, and inventory of data or services and prepare your implementation plan.This implementation plan will be reviewed by your team with your project management and engineering resources and provide a general guideline and timetable for project delivery. Outside of the implementation plan, during your project you'll be offered a weekly status meeting and/or weekly status update report should you wish,which serves as a time to ensure all parties on the project are well informed on progress, roadblocks, and next steps. Project Management; manages ongoing relationship post Customer Experience Manager implementation. Responsible for tracking client communications, contracts, and schedules. aKlarinet' CONFIDENTIAL I PAGE 8 OF 15 DocuSign Envelope ID: EB4674D9-44F1-4747-9F39-F2CC9CO218D6 STATEMENT OF WORK FOR THE CITY OF TIGARD ORCHESTRY DEPLOYMENT&ONGOING STRATEGY+CONSULTING SERVICES Responsible for technical aspects of the Orchestry Installation, Template Configuration, Workspace Directory Configuration, Share Point/Orchestry Consultant and Post Installation Verification. Conducts Orchestry training, Orchestry configuration, and usage support. Share Point/Orchestry Helpdesk User support requests,troubleshooting activities, general IT support for SharePoint,Teams,Yammer, etc. 7 Locations The location(s) of services to be provided and billing contact is: Contact Information Company Name City of Tigard Street Address 13125 SW Hall Blvd. City,State,Zip Code Tigard, OR,97223 Contact Name Vincent Silverwood, M365 Systems Engineer Contact Phone Number and E-mail Address P: (503) 718-2409/E: vincents@tigard-or.gov Work Location All work to be performed remotely 8 Assumptions The project scope and associated price quoted within this Statement of Work are based on the following assumptions. Should any element(s) of these assumptions be lacking during execution of services, additional time and associated fees and expenses may be required to complete this Statement of Work. 1. The City of Tigard current environment is as stated above. 2. Any limitations included in this proposal are noted and accepted by The City of Tigard. so Klarinet' CONFIDENTIAL I PAGE 9 OF 15 DocuSign Envelope ID: EB4674D9-44F1-4747-9F39-F2CC9CO218D6 STATEMENT OF WORK FOR THE CITY OF TIGARD ORCHESTRY DEPLOYMENT&ONGOING STRATEGY+CONSULTING SERVICES 3. No changes will be made to the scope of this proposal after acceptance without a Change Order being submitted. 4. Customer will provide Klarinet Solutions with administrative access to the current environment. 5. Customer will provide the necessary workspace and network access to provide the above services. 6. Klarinet Solutions assumes and recommends that Customer perform a full working backup of their network prior to the commencement of services. 7. Klarinet Solutions will not develop applications as a part of this Statement of Work. 8. Customer will allow Klarinet Solutions unattended access to their environment for the duration of the project. 9. All parties agree that personnel shall not be asked to perform, nor volunteer to perform, engineering and/or consulting tasks that lie outside the skill sets and experience of personnel. Personnel have the right to decline on a service request if the request falls outside the scope of their experience and expertise. 9 Price and Payment Schedule 9.1 Fixed Fees Klarinet Solutions proposes to deliver the services described here for a fixed price for the fees set forth below: Service Component • Project Management and Oversight 1 Included Orchestry Configuration and Deployment 1 $5,000 Total • 0•• 9.2 Monthly Recurring Services Klarinet Solutions proposes to deliver the services described here for a monthly price with some ad-hoc billings for monthly consulting services for the fees set forth below: Recurring Fee Component Qty Monthly Strategy Core Services+Velocity Site Metrics Software 1 $500 Service Hours Budget 1 $2,000 . 11 so Klarinet' CONFIDENTIAL I PAGE 10 OF 15 DocuSign Envelope ID: EB4674D9-44F1-4747-9F39-F2CC9CO218D6 STATEMENT OF WORK FOR THE CITY OF TIGARD ORCHESTRY DEPLOYMENT&ONGOING STRATEGY+CONSULTING SERVICES 9.3 Licensing Recurring Services Klarinet Solutions will deliver the following licensing services at a fixed cost per user per year: ComponentYearly Licensing Fee QtY Yearly Fee Orchestry 340* $8,160 *Pricing is$2 per user per month; paid yearly. If throughout the year the user count increases by more than 15%, Klarinet Solutions will invoice for additional Orchestry licenses required. Total Yearly Licensing Fees: .• This quote is valid for 60 days from 12/21/2020. 9.4 Payment Schedule The following table describes the project milestones. When these are completed and approved by Customer, Klarinet Solutions will invoice the specified amount. First Payment Fee Project One Time Fees(50%) $2,500 Monthly Recurring Services Retainer * $2,500 *First month billed upfront but actual start date can be immediately or at the time the deployment services project is completed. Licensing Recurring Services (Year 1)for Orchestry* $8,160 First Payment Total: .0 Service Milestone Payments Fee Due Upon Orchestry Deployment(50%) $2,500 Future Payments Total: 00 9.5 Travel Expenses No travel is anticipated for this project. so Klarinet' CONFIDENTIAL PAGE 11 OF 15 DocuSign Envelope ID: EB4674D9-44F1-4747-9F39-F2CC9CO218D6 STATEMENT OF WORK FOR THE CITY OF TIGARD ORCHESTRY DEPLOYMENT&ONGOING STRATEGY+CONSULTING SERVICES 10 References few of our satisfied clients S T X DEMATIC KISCO L.N L t I•..5.,-I-N I C-da Union ".Vw5—,� MARCHEX ver-Cend �I� I j jqM5 Moore VanAllentri counties bank UC San Diego SkinMedied' Wf.£rsx L a1rWIr," A owx DxTerity @()40 KILL Seaspine �� F,7eglzff FOUNW10n FAIRFGEL0 J HI-]IOZYrro GatlzbW * 16 gerwwtkm ����LIILNyRt\ F E S L Q F L9 r I n{ Educational •. �KlarinetG CONFIDENTIAL PAGE 12 OF 15 DocuSign Envelope ID: EB4674D9-44F1-4747-9F39-F2CC9CO218D6 STATEMENT OF WORK FOR THE CITY OF TIGARD ORCHESTRY DEPLOYMENT&ONGOING STRATEGY+CONSULTING SERVICES 11 Terms and Conditions 1. This Statement of Work("SOW") outlines the services required to be performed by Klarinet Solutions ("Klarinet")to provide project management and technology consulting services to Customer. Upon proper execution,the terms and conditions set forth herein shall become binding obligations between Klarinet and Customer and shall be in effect from the date this document is signed by both parties.This SOW is made pursuant to the Professional Services Agreement, between Klarinet and Customer. Wherever there is a conflict between this SOW and the Professional Services Agreement,the Professional Services Agreement's terms and conditions shall control. 2. Duration of Contract Addendum: This contract addendum shall remain in effect for a period of twelve (12) months from the commencement date agreed between Klarinet Solutions and Customer, and if contains provisions herein, may renew automatically on the anniversary thereof. Either Party may terminate this contract addendum at any time and for any reason by providing a written notice at least thirty (30) calendar days in advance of early termination to the other party. Any such early termination shall be effective as of the end of the monthly billing period following the month in which the notice of early termination was delivered to the other Party. 3. Additional Work, Customization, and Out of Scope Items: When additional customization or other work to be done during the duration of the project, if this work is outside of the scope of the SOW defined, Customer has an option to accept and approve additional work based on fixed bid estimate. These services are provided by Klarinet Solutions on a T&M basis based on a standard rate sheet which is available upon request. Before proceeding with out of scope support, Klarinet Solutions shall notify Customer when requested services are deemed out of scope and seek written confirmation to complete such services. Customer will be given an estimate of total costs to complete the defined work. All of the T&M work is invoiced at the end of each month (thus not at the end of the total project). 4. Hardware:All hardware (PC, Server, Firewall, Network Switches etc.) and hardware repair costs are the sole responsibility of the Customer. Klarinet Solutions assumes no liability for hardware or software failures. 5. Onsite Visits:The SOW detailed herein is for remote work. In the event that one (1) or more on- site visits by Klarinet Solutions are required, each such visit is subject to a minimum accounting period of two (2) hours. In addition to the total fees listed above, Customer shall reimburse Klarinet Solutions for preapproved, reasonable and actual supplies,travel and travel-related expenses incurred by Klarinet Solutions in connection with the performance of the work.All travel expenses hereunder are subject to review by Customer and the Customer Travel Policy, and Klarinet Solutions must submit appropriate documentation evidencing expenses to be reimbursed. Onsite travel mileage will be billed at current IRS reimbursement rates. 6. Approvals: Customer primary point of contact will manage logistics of stakeholder approvals. 7. Compliance: Unless specifically noted, Klarinet Solutions does not guarantee compliance with Sarbanes-Oxley, HIPAA, or any other regulatory or industry documentation requirements. 8. Delays: Klarinet Solutions is not responsible for delays caused by failures; including but not exclusive to systems, personnel or environmental causes or in receiving data from Customer. 9. Project restart fee:The efforts to deliver the objectives of the SOW constitute a project. In the unforeseen event where Customer needs to place the project on hold or abandon project for a period greater than ninety(90) days,this will require a project restart fee. An advisory or discovery fee may be required to validate environment and infrastructure. Klarinet Solutions SoKlarinet' CONFIDENTIAL I PAGE 13 OF 15 DocuSign Envelope ID: EB4674D9-44F1-4747-9F39-F2CC9CO218D6 STATEMENT OF WORK FOR THE CITY OF TIGARD ORCHESTRY DEPLOYMENT&ONGOING STRATEGY+CONSULTING SERVICES shall notify Customer of any applicable additional fees prior to commencing with the corresponding services. 12 SOW Acceptance This Statement of Work outlines the services required to be performed by Klarinet Solutions ("Klarinet") to provide services and/or product to Customer. Upon full execution,the Terms and Conditions set forth herein shall become binding obligations between Klarinet and The City of Tigard and shall be in effect from the date this document is signed by both parties.This Statement of Work is made pursuant to the Professional Services Agreement, between Klarinet and The City of Tigard effective ("Master Agreement").Wherever there is a conflict between this SOW and the Master Agreement, the Master Agreement's terms and conditions shall prevail. Once fully executed,this document will become the Statement of Work for the project defined in this document.The Customer's signature below authorizes Klarinet Solutions to begin the services described above and indicates the Customer's agreement to process and pay the invoices associated with these services. The City of Tigard Klarinet Solutions, LLC Name Steve Rymer Name Linda Amaro Title City Manager Title CEO ocuftned by: Signature Signature [�, E5F1t1B90SA476... Date 03/11/2021 Date 3/11/2021 Purchase Order SOW# so Klarinet' CONFIDENTIAL I PAGE 14 OF 15 DocuSign Envelope ID: EB4674D9-44F1-4747-9F39-F2CC9CO218D6 STATEMENT OF WORK FOR THE CITY OF TIGARD ORCHESTRY DEPLOYMENT&ONGOING STRATEGY+CONSULTING SERVICES 13 About Klarinet Solutions 13.1 History As a privately held company located in San Diego, California founded in 2010, Share Point, Intranet, Microsoft 365 and Digital Workplaces. It is all we do — all day, and every day. Many choose us because we're award-winning. Clients stay with us and continue to recommend us because they know first-hand that we're devoted to making today's best technologies optimally efficient and easy to use — and because we're genuinely nice people,too! We consistently exceed both our goals, and client expectations of providing superior custom-tailored approaches with Microsoft business environments—just ask our satisfied clients. Like most tech geeks, we never cease to get excited about new technology—but we're even more interested in how we can apply it to make your business run more smoothly.You see,we have this crazy idea that companies should be focused on getting their work done, not arm-wrestling with the technology that is supposed to be making their lives easier. In turn,this leads to employees who become more productive because they are happier to have a clear work-life balance. We provide companies across the United States with leading, customized digital workplace and modern office solutions that are simple to adopt, easy to use, and are cost-efficient. 13.2 Mission & Vision Klarinet connects people to the purpose of their organization. We hire the best and brightest digital modern workplace consultants who are passionate about solving real technology problems. We feel that if employees are better connected to their job role and purpose, they will be happier employees and live more fulfilled lives. 13.3 Solutions Provided Full Modern Digital Workplace services for Microsoft solutions along with cloud security and compliance services. We provide solutions to implement new customer Intranet solutions,team collaboration centers,to institute change across organizations on a new way of sharing information, conversating and accessing information. Here is a list of the type of services we can provide: • Share Point strategy, architecture, development,training, automation, and helpdesk services. • Teams strategy, architecture, development, training, automation, and helpdesk services. • Ongoing Digital Workplace Managed IT/Outsourced IT Services • Power Apps, Power Automate, and Power BI consulting services • Data migration Services • Content authoring services 13.4 Microsoft Competency Klarinet is a Microsoft Certified Partner in Cloud productivity and Collaboration and Content. 801(larinet' CONFIDENTIAL I PAGE 15 OF 15