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HomeMy WebLinkAboutEOLA Technology Partners LLC Managed Services Agreement - 2017 07 10 MANAGED SERVICES AGREEMENT "Customer": City of Winter Springs State of Incorporation/Formation: Fl. "Company"- Eola Technology Partners,LLC State of Incorporation/Formation: FL "Effective Date": ,July 10,2017 Customer's Notice Address: 1126 East State Rd 434,Winter Springs,FL 32708 Company's Notice Address: 100 E.Central Blvd.,Suite 3,Orlando,FL 32801 "Exhibits": Exhibit A(General Terms&Conditions) Exhibit B(Task Order) Governing Law: State of FL Count,of Seminole This Managed Services Agreement(referred to as either the"Agreement"or the"Managed Services Agreement"),dated as of the Effective batt specified above.is made and entered into by and between the Company and the Customer specified above. Company and Customer are each sometimes referred to herein individually as a"Party"and collectively as the"Parties". This Agreement consists of this Cover Page("Cover Page") together with all of the Exhibits specified above. This Agreement is not ctiective unless and until executed by both Parties. IN WITNESS WHEREOF.Company and Customer hereby agree to all terms ofthis Agreement efTective as of the Etli ctive Date. Eola Technology Partners,I.I.(', City of Winter Springs, a limited liability corporation a municipal corporation r Signature Signa i Kevin Fraser Kevin L.Smith President City Manager Date Date EXHIBIT A GENERAL TERMS AND CONDITIONS 1. Agreement and Exhibits. This Exhibit A,General Terms month, or the maximum rate allowed by applicable law. and Conditions("General Terms and Conditions"),contains the whichever is lower. general terms and conditions governing the relationship between the parties as part of any Services ("Services") as 5. Miscellaneous requirements. defined in the Task Order ("Task Order") attached hereto as Exhibit B and made a part hereof. 5,1 Direction and Supervision. All work shall be coordinated under the direction and supervision of the Customer's I.S.D. 2. 'Perm. The term of this Agreement shall be July 10,2017 through September 30,2017. The parties may mutually agree 5.2 Hours and work location. The Services shall entail 2417 to extend the term of this Agreement for additional one(l)-year help desk/technical support forthe Customer including holidays terms. Any extension of this Agreement or addendums hereto and weekends. An on-site technician is required Monday shall be executed by both parties prior to the expiration of the through Friday from 8 a.m.until 5p.m. Holiday and after-hours relevant term and shall be by written agreement executed by on-call coverage required. Company staff is expected, while both parties hereto. on-site,to work primarily on Customer issues and not on issues of other clients. 3. Termination. The parties hereto may terminate this Agreement as follows: (1) by mutual, written consent of the 5.3 Druz Testin Background Check and CJIS: Any Parties;(2)by Company, if Customer fails to pay to Company technician assigned to provide any type of technical support for any payments under this Agreement when due. (3) by either the Customer's police department must pass a background Party upon 15 days written notice if the other Party hereto check and drug test at Company's expense,and be(or become) materially breaches any term of this Agreement, and further CJIS (Criminal Justice Information Systems)certified. If not provided that such breaching party shall fail to cure said breach already CJIS certified,CJIS training and testing will need to be within such period; (4) by either Party hereto upon written coordinated through the Winter Springs Police Department. notice to the other Party hereto if a proceeding is brought by the Required CJIS certifications are"CJIS Security& Awareness" other Party in any court or under supervision of any court- and "CJIS Limited Access". Both certifications must be appointed officer under any federal or state bankruptcy, renewed every 2 years. reorganization,rearrangement,insolvency or debt readjustment law,or if any such proceedings are instituted against the other 5.4 Knowledee and Experience Requirements Company Party and it fails to obtain dismissal of such proceeding within technician provided to the Customer shall possess a working 30 days afterthe same has been instituted;or(5)by either Party. knowledge of Windows Server 2008,2012,2.016,and Windows with or without cause,upon 10 days' written notice of intent to 7, Windows 8.1,and Windows 10 environments. terminate to the other Party. 5_5 Regardless of the ticketing/helpdesk system used,access to Termination or expiration of this Agreement shall not release all knowledge and data created, discovered, documented, and any party hereto from any liability which has as of the date of performance metrics contained therein shall be made available such termination orexpiration already accrued to the other party to or accessible by Customer iSD.Upon contract termination or hereto.. nor affect in any way the survival of any right,duty or expiration, Company shall provide all knowledge and obligation of either party hereto which is expressly stated information acquired during the engagement, to the Customer elsewhere in the Agreement to survive such termination or ISD. The information must not be in a proprietary format that expiration hereof. is accessible only by the Company. The provisions of this Section and of the Sections entitled 6—Installation. To the extent that any products or materials Warranties, Indemnification, Limitation of Liability, ikon- are to be installed by Company, Company shall install such solicitation and Equitable Relief shall survive any termination products or materials as specified in this Agreement or as or expiration of this Agreement. directed by the appropriate Customer staff. Installation dates are estimates only, Customer shall be responsible for 4. Compensation. Customer shall compensate Company for preparation and maintenance of the site for such installation, the Services in accordance with the terms and payment schedule including, but not limited to, providing necessary electrical set forth on the Task Order attached hereto as Exhibit "B." power and communication lines and proper air conditioning and Customer shall make payments to Company in accordance with humidity control. such payment schedule and within thirty(30)days after receipt of an invoice,provided that the invoice reflects the appropriate 7. Warranties. amount for payment and detail for Services performed or pre- 7.1 Company hereby warrants flint the Services provided and approved expenses incurred. Late payments shall accrue any products or materials installed by Company shall be interest at the rate of one and one-half percent (1.5%) per perforated or installed by Company in a workmanlike manner, consistent with generally prevailing industry standards,and in 2 compliance with the requirements of this Agreement, Company warrants unto Customer that it has sufficient experience to S. Indemnification. If the Services or any of the products or properly complete the Services specified in this Agreement. materials manufactured or created by Company are proven to Company shall comply with all laws, ordinances and rules in infringe a third party's trademark, patent, copyright or other performing the Services. intellectual properly right,or Company determines that any of the Services or such products or materials shall infringe such 7.2 COMPANY MAKES NO WARRANTIES OF ANY rights,or Customer is enjoined from using any of such products KiND, EXPRESSED OR IMPLIED ON ITS OWN or materials,or any part of same,then Company,at Company's REGARDING THE FUNCTIONALITY OF HARDWARE expense and sole option, shall (1) replace such infringing OR SOFTWARE, BUT INSTEAD RELIES ON THE Services,products or materials with non-infringing,equivalent WARRANTIES PROVIDED BY THE MANUFACTURER and conforming services,products ormaterials,(2)modify such OF EACH SUCH PRODUCT, infringing Services, products or materials, so such Services, products or materials become non-infringing, but continue to 7.3 EXCEPT AS STATED IN THIS AGREEMENT, provide the same type and quality of performance and services, COMPANY DOES NOT MAKE, AND HEREBY or (3) procure the right for Customer to continue using such DISCLAIMS,ALL EXPRESS OR IMPLIED WARRANTIES, infringing Services, products or materials. This Section shall INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF not apply to any products or materials manufactured or created MERCHANTABILITY, FITNESS FOR A PARTICULAR by any third party or manufactured or created by Company to PURPOSE, NONiNFRINGEMENT, INTEROPERABILITY, Customer's design or specifications. This Section shall also not AND TITLE,AND ANY WARRANTIES ARISING FROM A apply to the extent the claim of infringement is caused by COURSE OF DEALING, USAGE OR TRADE PRACTICE. Customer's intentional misuse, abuse or modification of any COMPANY DOES NOT MAKE AND HEREBY products or materials,Customer's failure to use corrections or DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES enhancements made available by Company,or Customer's use AGAINST THIRD PARTY INTERRUPTION OR of such products or materials in combination with any INTERFERENCE WITH DATA OR NETWORKS. ALL attachments, features or devices not supplied or approved by WARRANTIES PROVIDED HEREIN ARE PERSONAL TO, Company. This Section states the entire liability of Company AND INTENDED SOLELY FOR THE BENEFIT OF and the exclusive remedy of Customer for infringements by CUSTOMER, AND DO NOT EXTEND TO ANY THIRD Services or any products or materials. PARTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, CUSTOMER ACKNOWLEDGES For all Services performed under this Agreement, Company THAT COMPANY SHALL BEAR NO RESPONSIBILITY agrees to the fullest extent permitted by law,to indemnify and FOR THE PERFORMANCE, REPAIR OR WARRANTY OF hold harmless Customer and its employees, officers, and ANY OF CUSTOMER'S SOFTWARE OR HARDWARE attorneys against all claims, losses,damages, personal injuries PRODUCTS UNLESS OTHERWISE SET FORTH HEREIN. (including but not limited to death), or liability (including reasonable attorney's fees), directly or indirectly arising from 7.4 All warranties set forth in this Agreement shall be null and the negligent acts, errors, omissions, intentional or otherwise, void if the products or materials manufactured or created by arising out of or resulting from Company's performance of any Company are: (l) altered, modified or repaired by persons Services provided under this Agreement. other than Company or persons approved by Company. including, without limitation, the installation of any The indemnification provided above shall obligate Company to attachments, features or devices not supplied or approved by defend at its own expense or to provide for such defense,at the Company; (2) misused, abused or not operated in accordance option of Customer of all claims of liability and all suits and with specifications of Company or the manufacturers or actions of every name and description that may be brought creators of the products or materials by persons other than against Customer or its employees, officers, and attorneys Company or persons approved by Company;or(3)subjected to which may result from the Services under this Agreement improper site preparation or maintenance by persons other than whether the Services are perforated by the Company or anyone Company or persons approved by Company. Company shall directly or indirectly employed by it. In all events Customer not be responsible for any malfunction, nonperformance or shall be permitted to choose legal counsel of its sole choice,the degradation of performance of any products or materials fees for which shall be reasonable and subject to and included manufactured or created by Company caused by or resulting with this indemnification, This paragraph shall survive directly or indirectly from installation by Customer, any tennination of this Agreement. alteration, modification or repair that was not made by Company or persons approved by Company or any causes 9. lnsurnnce external to such products or materials,such as,but not limited to, power failures and surges. Customer shall comply at all 9.1 Worker's C:ompSnsation. Upon the effective date of this times with all applicable specifications, laws, regulations and Agreement. Company shall provide proof of worker's ordinances relating to its use of such products or materials. To compensation insurance. The insurance shall have minimum the extent that such products or materials are manufactured or limits of coverage of$1,000,000.00 aggregate and$500.000.00 created by any third party, the warranties related to such per occurrence. products or materials come solely and exclusively from such third party. 3 9.2 Professional Liability/Malpractice and General STATUTES,TO THE COMPANY'S DUTY TO PROVIDE Liability. Upon the effective date of this Agreement,Company PUBLIC RECORDS RELATING TO THIS shall submit proof of general liability insurance to cover claims AGREEMENT, CONTACT THE CUSTODIAN OF for professional liability/malpractice(if applicable)and general PUBLIC RECORDS, THE CUSTOMER CLERK, AT liability because of bodily injury or death of any person or (407) 327-5955, property damage arising out of this Agreement or any Services ( I S I(1\ll.Et( I.I.IZ6:1)I.I AR I\11.N I u 11 IN I l J61'kl\(i5 provided. The insurance shall have minimum limits of IUI -ORL,, 1126 EAST STATE ROAD 434,FLORIDA 32708, coverage of $1,000,000-00 aggregate and $500,000.00 per occurrence. Company is required to and agrees to comply with public records laws. Company shall keep and maintain all public 9.3 This paragraph shall apply to Sections 9.1 and 9.2, The records required by the Customer to perform the services as insurance required by this Article shall include the liability and agreed to herein. Company shall provide the Customer, upon coverage provided, or as required by law, whichever request from the Customer Clerk, copies of the requested requirements afford greater coverage. All of the policies of records or allow the records to be inspected or copied within a insurance so required to be purchased and maintained for the reasonable time at a cost that does not exceed the cost provided certificates(or other evidence thereof)shall contain a provision by law. Company shall ensure that public records that are or endorsement that the coverage afforded will not be canceled, exempt or confidential and exempt from public records materially changed or renewal refused until at least thirty(30) disclosure requirements are not disclosed except as authorized days' prior written notice has been given to Customer and by law for the duration of the Agreement term. Upon Company by certified mail, return receipt requested. All such completion of the Agreement, Company shall transfer to the insurance shall remain in effect throughout the full term of this Customer, at no cost, all public records in possession of the Agreement, and any extensions thereof. Unless agreed to by Company, provided the transfer is requested in writing by the Customer to the contrary, Customer shall be named on the Customer Clerk, Upon such transfer, Company shall destroy insurance policies as "additional insured," except for any duplicate public records that are exempt or confidential and professional liability/malpractice coverage. Company shall exempt from public records disclosure requirements.However, cause its insurance carriers to furnish insurance certificates if the Customer Clerk does not request that the public records specifying the types and amounts of coverage in effect, the be transferred, the Company shall continue to keep and expiration dates of such policies, and a statement that no maintain the public records upon completion of the Agreement insurance under such policies will be canceled without thirty and shall meet all applicable requirements for retaining public (30)days'prior written notice to Customer in compliance with records. All records stored electronically must be provided to other provisions of this Agreement. For all Services performed the Customer, upon request from the Customer Clerk, in a under this Agreement, Company shall continuously maintain format that is compatible with the information technology such insurance in the amounts,type,and quality as required by systems of the Customer. Should the Customer not possess Sections 9.1, 9.2, and 9.3. If Company fails to maintain said public records relating to this Agreement which are requested insurance, Customer, at its option, may elect to terminate this to be inspected or copied by the Customer or any other person, Agreement by written notice to Company. the Customer shall immediately notify Company of the request and the Company shall then provide such records to the 10. Public Records. Pursuant to Section 1 19.0701, Florida Customer or allow the records to be inspected or copied within Statutes and other applicable public records laws, Company a reasonable time. If the Company does not comply with a agrees that any records, documents, transactions, writings, public records request, the Customer may enforce this Section papers, letters,computerized information and programs,maps, to the extent permitted by law. Company acknowledges that if books,audio or video tapes,films,photographs,data processing the Company does not provide the public records to the software, writings or other material(s), regardless of the Customer within a reasonable time, the Company may be physical form, characteristics, or means of transmission, of subject to penalties under Section 119.10,Florida Statutes. The Company related,directly or indirectly,to the services provided Company acknowledges that if a civil action is filed against the to the Customer under this Agreement and made or received Company to compel production of public records relating to this pursuant to law or ordinance or in connection with the Agreement, the court may assess and award against Company transaction of official business by the Customer, may be the reasonable costs of enforcement, including reasonable deemed to be a public record, whether in the possession or attorney fees. All public records in connection with this control of the Customer or the Company. Said records, Agreement shall, at any and all reasonable times during the documents,transactions,writings,papers,letters,computerized normal business hours of the Company, he open and freely information and programs, maps, books, audio or video tapes, exhibited to the Customer for the purpose ofexamination,audit, Films,photographs,data processing software,writings or other or otherwise. Failure by Company to grant such public access material(s), regardless of the physical form,characteristics,or and comply with public records laws and/or requests shall be means of transm ission of Company are subject to the provisions grounds for immediate unilateral cancellation of this of Chapter 119, Florida Statutes, and may not be destroyed Agreement by the Customer upon delivery of a written notice without the specific written approval of the Customer's of cancellation.. If the Company fails to comply with this designated custodian of public records, Section, and the Customer must enforce this Section, or the Customer suffers a third party award of attorney's fees and/or IF THE COMPANY HAS QUESTIONS REGARDING damages for violating Chapter 119, Florida Statutes, due to THE APPLICATION OF CHAPTER 119, FLORIDA Company's failure to comply with this Section. the Customer 4 shall collect from Company prevailing party attorney's fees and anticipated duration of the delay) within ten (10) days of the costs,and any damages incurred by the Customer,for enforcing occurrence of Force Majeure event. this Section against Company. And,if applicable,the Customer shall also be entitled to reimbursement of all attorneys'fees and 16. Modification or Waiver. The parties hereto may, by damages which the Customer had to pay a third party because mutual agreement,amend any provision of this Agreement,and of the Company's failure to comply with this Section. The any party hereto may grant consent or waive any right to which terms and conditions set forth in this Section shall survive the it is entitled under this Agreement, provided that each such termination of this Agreement. amendment,consent or waiver shall be in writing. No failure or delay by either party in exercising any right,power or remedy 11. Non-Solicitation. During the term of any Service with respect to any of its rights hereunder shall operate as a Agreement,and for a period of 12 months thereafter,each Party waiver thereof. agrees not to, directly or indirectly, solicit, recruit or employ any employee of either Party without the prior written consent 17. Promotion. Company may, in its public advertising and of the other. promotional materials, reference Customer and the services provided to Customer, subject to Customer's prior approval of 12. Notices. All notices, demands and communications said promotional materials, which approval shall not be required or permitted in connection with this Agreement shall unreasonably withheld. be in writing and shall be deemed effectively given in all respects upon personal delivery or. if mailed, by registered or 18. Governing Law. certified mail, postage prepaid, return receipt requested,or by This Agreement shall be construed and enforced in accordance overnight courier,the receipt of which is confirmed,addressed with the laws of the State of Florida. The parties further agree to the party hereto at the address set forth on the Cover Page of that in any dispute between them relating to this Agreement, this Agreement (or such other address for a party as shall exclusive jurisdiction shall be in the courts located in Seminole hereafter be specified by like notice). Either party hereto may County, Florida for any state court action and Orlando,Florida from time to time change its notification address by giving the for any federal court action,any objections as to jurisdiction or other party hereto prior written notice of the new address and venue in such courts being expressly waived. the effective date thereof. 19,_ Severabilityin the event that any provision of this 13. Rel ationshi of the Parties. Company is an independent Agreement, or any word, phrase, clause, sentence or other contractor of Customer. Neither Party shall be the employee or provision thereof,should be held to be unenforceable or invalid agent of the other. Regarding all Services performed, it is for any reason, such provision or portion thereof shall be specifically understood and agreed between the parties that the modified or deleted in such a manner so as to make this contractual relationship between Customer and Company is Agreement as modified legal and enforceable to the fullest such that Company is an independent contractor and not an extent permitted under applicable laws. agent or employee of Customer. Nothing in this Agreement shall be interpreted to establish any relationship,other than that 20. Travel time and exDenses. The Customer shall not 2av of an independent contractor,between Customer and Company, Company for travel time,food/lodging,or mileage expenses for during or after performing the Services. Company shall be Company employees. solely responsible for providing the Services authorized pursuant to this Agreement. 21.. Entire Aereetnent. This Agreement and any attachments thereto constitute the entire agreement between the parties with 14. Successors and Assigns. This Agreement shall benefit and respect to the subject matter hereof and supersedes all prior be binding upon the parties hereto and their respective agreements,purchase orders, understandings and negotiations, successors and assigns. Unless otherwise specifically required whether oral or written,between the parties with respect to such by this Agreement,Company shall not assign,sublet,or transfer subject matter. any rights or Services under or interest in this Agreement without the written consent of Customer, except if any 22._ Counterparts. This Agreement may be executed in assignment,sublet,or transfer is mandated by law or the effect multiple counterparts, each of which shall be deemed to be an of this limitation may be restricted by law. Unless specifically original, but all of which shall constitute one and the same stated to the contrary in any written consent to any assignment, instrument. no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Further,Company 23. Soverei¢n Immunitv. The Customer intends to avail itself shall subcontract no portion or all portions of the Services of the benefits of Section 768.28.Florida Statutes and any other without the written consent of Customer statutes and common law governing sovereign immunity to the fullest extent possible. Neither this provision nor any other 15. Force MaieuM Any delay or failure of a Party to perform provision of this Agreement shall be construed as a waiver of its obligations will be excused if and to the extent that it was the Customer's right to sovereign immunity under Section caused by an event or occurrence beyond such Party's 768.2$, Florida Statutes, or other limitations imposed on the reasonable control and without its fault or negligence("Force Customers potential liability under state or federal Majeure"), A party claiming Force Majeure must provide the law. Company agrees that Customer shall not be liable under other Party with written notice of such delay (including the this Agreement for punitive damages or interest for the period 5 before judgment. Further,Customer shall not be liable for any claim or judgment, or portion thereof, to any one person for over two hundred thousand dollars($200,000.00),or any claim or judgment, or portion thereof; which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence. exceeds three hundred thousand dollars ($300,000,00). Nothing in this Agreement is intended to inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. This paragraph shall survive termination of this Agreement. lRemalnder gI'page intentionally blank] 6 EXIIIHIT I3 Task Order#1 This Task Order 41 serves to outline the scope of work between Eats Technology Partners, LLC("Company")and City of Winter Springs("Customer")pursuant to the terms and conditions of the Managed Services Agreement(the"Agreement")between Company and Customer effective on July 10,2017. This Task Order further defines the expectations and commitments between Company and Customer for a specific managed services engagement, as set forth below. Company shall provide the following Services as set forth below (collectively, the "Services") in accordance with the timeline, if any, set forth herein. All defined terms used in this Task Order and not otherwise defined herein will have the same meaning as in the Agreement, In the event the terms and conditions stated within this addendum conflict with the terms and conditions stated within the Agreement,the terms and conditions stated within the Agreement shall have precedence over the terms and conditions stated in this addendum. Contract. Period/Timeline i he Initial Term shall he loom July 10,2017 through September 30,2017 Services Covered("Services") Managed IT services for the Police Department Services Covered • Management and maintenance of network infrastructure • Monitoring, problem identification, notification and repair of problems with computer equipment and systems • Installation,setup and upgrades of hardware and software • Anti-virus,Anti-malware and Anti-spam management • Audit and document IT infrastructure Services to specifically be provided • All work shall be conducted under the general direction of the Customer's information Services Department. • Company shall provide 24/7 helpdesk/technical support including nights, weekends, and holidays for all hardware (including connected peripherals) and software used by Winter Springs Police Department including deployment,testing.,upgrades,patching, imaging,problem identification and resolution, monitoring, management, maintenance,and inventory. Company must also support other devices that may not be directly connected to computers such as security cameras, stand-alone copiers.. scanners, fax machines, multi-function devices: support includes contacting other vendors for repair of equipment/software. • Company shall provide I on-site technician Monday thru Friday during normal business hours (Sam to 5pm) duly 10. 2017 through September 30, 2017.On-site technician will not be needed on Labor Day,September 4,2017 but on-call support will still be required. The hours required for an on-site technician during normal business hours may be reduced after the trial period and will he determined in the evaluation in mid September. • Company shall support Apple, Android,and Windows based mobile devices. • Company shall be responsible for setup,testing,and tear-down of Emergency Operations Center(EOC). • Company, in cooperation with Customer's Information Services Director ("ISD"), shall be responsible for handling CJIS and FBI audits (preparation and audit) including pre and post-audit work necessary to bring Police Department into compliance. • Company shall open/escalate tickets with Customer ISD on issues that are the res onsibilie of the Customer ISD to resolve. i • Company shall open/escalate tickets with Seminole County Sherriffs Office (SCSO)helpdesk when necessary and shall coordinatelmanage the issue until it has been resolved. • Company shall contact Customer ISD regarding any issues that are beyond general, every-day help-desk type support issues, Company shall also participate in weekly conference calls with Customer ISD to discuss any issues,escalated work orders,review Company performance,provide project updates,and discuss areas of opportunity for improvement. • *connectivity to SCSO,FDLE,and Customer of Winter Springs networks *1f an issue is determined to be infrastructure or network-related, Company shall immediately escalate the issue to/notify Customer I.S.D. staff(or SCSO helpdesk if warranted)and further resolution shall be coordinated with and through the Customer. Fees/Pricing The fees/pricing for Services during the initial term shall be as follows: • July 10,2017--July 31,2017: $2,000,00(Two Thousand Dol tars and 00/100) • August 1, 2017 - August 31. 2017: $3,000.00(Three Thousand Dollars and 00/100) • September 1,2017-September 30,2017:$3,000.00(Three Thousand Dollars and 00/100) Payment Terms and Schedule Payment for all invoices are net 30 days From the date of the invoice to avoid late charges. Customer will pay interest at the rate of one and a half(1.5)percent per month or the legally permissible rate, if lower,on all unpaid,overdue invoices. lRenralndler n//urge intentionally blank] ii