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Oceanview Technologies LLC • Oceanview Technologies,LLC t.213.291.8556 4 www.ovtech.net S M 2514 Ridgeland Rd 111,141i Torrance,CA 90505 OVTich.nst September 8,2014 To: City of Rancho Palos Verdes/Dan Landon Information Systems&Technology 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 cc: records/file From: Dan Rico/Oceanview Technologies Subject: Contract Employee/Service and Support Agreement—Craig Pettit, James Pavlick, Michael Ramirez, Dan Rico The following Service and Support Agreement outlines the hourly billing rate information and other terms related to the provision of the Contract Employee(s) listed below, by Oceanview Technologies ("OVTech") to City of Ranchos Palos Verdes ("RPV') for Information Technology(IT)Support and Services: Contract Employee Hourly Rate Overtime Hourly Rate Start Date Craig Pettit $85/hour $127.50/hour TBD Michael Ramirez $60/hour $90/hour TBD James Pavlick $85/hour $127.50/hour TBD • Daniel Rico $85/hour $127.50/hour TBD Overtime will be billed at the above-listed rate for any hours worked in excess of forty (40) hours per week or as otherwise required by local and state legal requirements. OVTech is engaged in providing long-term supplemental staffing services to RPV under RPV direction, control, and supervision. Therefore, RPV understands that OVTech is not responsible for project management or product liability. OVTech does not warrant or guarantee that the Contract Employee(s) placed pursuant to this Service and Support Agreement, and the Master Service Agreement will produce any particular result or any solution to RPV particular requirements. Accordingly, RPV acknowledges and agrees that OVTech is not responsible for any aspects of the Contract Employee's work or RPV project, including without limitation, any deadlines or work product. The Service and Support provided by OVTech are done so at significant cost. In consideration thereof, during the term of this Agreement and for the one (1) year period immediately following the period for which a Contract Employee last performed services for RPV, or any RPV affiliate, shall not, Confidential/SSA CTYcpdr20140812.doc Page 1 of 3 • • Page 2 9/5/2014 directly or indirectly, for itself, or on behalf of any other person, firm, corporation or other entity, whether as principal, agent, employee, stockholder, partner, member, officer, director, sole proprietor, or otherwise, solicit, participate in or promote the solicitation of such Contract Employee to leave the employ of OVTech, or hire or engage such Contract Employee. Notwithstanding the above paragraph, if at any time RPV wishes to hire any Contract Employee provided by OVTech, RPV may request that OVTech release the Contract Employee from his or her employment contract with OVTech to allow RPV to employ or engage the services of Contract Employee, either directly or indirectly. RPV acknowledges and agrees that OVTech, in its sole and absolute discretion, has the right to accept or reject RPVs request to employ or engage the services of said Contract Employee supplied by OVTech to RPV. If OVTech has accepted RPV's request to employ Contract Employee, either directly or indirectly, and the Contract Employee has not completed a minimum of one(1)year of continuous employment at RPV for OVTech then RPV will pay OVTech, as liquidated damages, an amount equal to thirty-three percent (33%) of the Contract Employee's first year salary, including guaranteed bonuses. If Contract Employee has completed a minimum of one (1) year of continuous employment at RPV for OVTech, and authorization has been granted by RPV from OVTech, then RPV may employ or engage the services of Contract Employee, whether directly or indirectly, without any financial compensation or liquidated damages payment owed to OVTech from RPV. In addition to the provisions above, during the term of this Agreement and for a period of one (1) year immediately following the termination of Service and Support Agreement, RPV and its representatives agree that it shall not, directly or indirectly, for itself, or on behalf of any other person, firm, corporation or other entity, whether as principal, agent, employee, stockholder, partner, member, officer, director, sole proprietor, or otherwise, solicit, participate in or promote the solicitation of any OVTech-provided Technical Specialist or Manager under any circumstances. In the event that RPV or any of its affiliates violate this paragraph, RPV agrees to pay OVTech an amount equal to such Technical Specialist's or Manager's annualized first year salary, including bonuses. Client: RPV/RPV Products Signature: Date q 5 14, Name (Please Print) Qoccy If1-1:1eAr Confidential/SSA CTYcpdr20140812.doc Page 2 of 3 • Page 3 9/5/2014 Description of Services Information Technology(IT)Support and Services The Information Technology Support and Services may include, but not be limited to the following areas of expertise. Appropriate access to systems and devices will be required in some cases, along with any relevant support contract details. 1. Systems administration and documentation of servers, network devices, and topology 2. Configuration of equipment including servers, network equipment, and other systems 3. Process analysis and related project documentation 4. Desktop and end-user support We will work side-by-side with any other vendors providing services to RPV, and assist where required with Information Technology (IT) projects. Our mission and goal will be to support the City of Ranchos Palos Verdes, its' IT manager, and IT initiatives. 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