HomeMy WebLinkAboutIT13-113 - Original - INX LLC - CommVault Software Premier Support Coverage - 04/06/2013 KENT
WASHINGTON
GOODS & SERVICES AGREEMENT
between the City of Kent and
INX LLC.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and INX LLC, a wholly owned subsidiary of Presidio
Networked Solutions, Inc., organized under the laws of the State of Delaware, located and doing
business at 1955 Lakeway Drive, Suite 220, Lewisville, TX 75057 (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following
services for the City:
CommVault Software Premier Support Coverage (24 hours a day, 7 days a week)
for the Term of 04/06/2013 - 04/05/2014.
Vendor acknowledges and understands that it is not the City's exclusive provider of these
goods, materials, or services and that the City maintains its unqualified right to obtain these
goods, materials, and services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall
complete the work and provide all goods, materials, and services April 5, 2014.
A. Acceptance: Products are deemed automatically accepted on date of delivery, with
the exception of receipt of defective product, then the RMA will govern. The Services performed
by Vendor shall be deemed accepted as performed unless otherwise established in an applicable,
mutually agreed upon Statement of Work or Proposal.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed
$30,138.47, including applicable Washington State Sales Tax, for the goods, materials, and
services contemplated in this Agreement. The City shall pay the Vendor the following amounts
according to the following schedule:
Products to be paid within 30 days of shipment date; Services to be paid within 30
days of invoice date, pursuant to a Statement of work/Proposal.
If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves
the option to only pay that portion of the invoice not in dispute. In that event, the parties will
immediately make every effort to settle the disputed portion.
GOODS & SERVICES AGREEMENT - 1
(Over$10,000.00, including WSST)
A. Any Products purchased hereunder will be subject to the terms and conditions of
the Client Return Material Authorization Policy, attached hereto and incorporated
herein as Attachment B. Unless otherwise agreed to in writing between the
Parties, this Agreement shall apply to and control all purchase orders that City may
submit to Vendor for Products during the term of this Agreement, including those
purchase orders with preprinted terms and conditions on the back.
Vendor shall be liable to the City for any additional, direct and documented
costs incurred by the City in the event Vendor provides defective or unauthorized
goods, materials or services to the City. "Additional costs" shall mean all
reasonable costs, including reasonable legal costs and attorney fees, incurred by
the City beyond the maximum Agreement price specified above. The City Further
reserves its right to deduct these additional costs incurred to complete this
agreement with other sources, from any and all amounts due or to become due the
Vendor.
B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT
SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME
REQUEST FOR FINAL PAYMENT IS MADE,
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Vendor has the ability to control and direct the performance and details
of its work, the City being interested only in the results obtained under this
Agreement.
B. The Vendor maintains and pays for its own place of business from which
Vendor's services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the
City retained Vendor's services, or the Vendor is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Vendor is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Vendor has registered its business and established an account with the
state Department of Revenue and other state agencies as may be required
by Vendor's business, and has obtained a Unified Business Identifier (UBI)
number from the State of Washington.
F. The Vendor maintains a set of books dedicated to the expenses and earnings
of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
GOODS & SERVICES AGREEMENT - 2
(Over$10,000.00, including WSST)
the signature block of this Agreement. In the event of termination of this Agreement, the City
will be obligated to pay the Vendor for all services performed, pre-approved travel, and out-of-
pocket expenses incurred in connection with such terminated assignment, which occurred prior
to providing such written notification to the Vendor.
VI. CHANGES. The City may issue a written amendment for any change in the goods,
materials or services to be provided during the performance of this Agreement. If the Vendor
determines, for any reason, that an amendment is necessary, Vendor must submit a written
amendment request to the person listed in the notice provision section of this Agreement,
section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have
known of the facts and events giving rise to the requested change. If the City determines that
the change increases or decreases the Vendor's costs or time for performance, the City will
make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the
Vendor on all equitable adjustments. The Vendor shall proceed with the amended work upon
receiving either a written amendment from the City or an oral order from the City before actually
receiving the written amendment. If the Vendor fails to require an amendment within the time
allowed, the Vendor waives its right to make any claim or submit subsequent amendment
requests for that portion of the contract work. If the Vendor disagrees with the equitable
adjustment, the Vendor must complete the amended work; however, the Vendor may elect to
protest the adjustment as provided in subsections A through E of Section VII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. An amendment that
is accepted by Vendor as provided in this section shall constitute full payment and final
settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
VII. CLAIMS. If the Vendor disagrees with anything required by an amendment,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Vendor may file a claim as provided in this
section. The Vendor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Vendor knew or should have known of the facts or events giving
rise to the claim, whichever occurs first-. Any claim for damages, additional payment for any
reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively
deemed to have been waived by the Vendor unless a timely written claim is made in strict
accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
GOODS & SERVICES AGREEMENT - 3
(Over$10,000.00, including WSST)
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred
as a result of the asserted events giving rise to the claim. The City shall have
access to any of the Vendor's relevant records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are
followed. If the City reasonably determines that a claim is valid, the City will adjust
payment for work or time by an equitable adjustment. No adjustment will be made
for an invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall
proceed promptly to provide the goods, materials and services required by the City
under this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Vendor also waives any additional entitlement and accepts from the City any
written or oral order (including directions, instructions, interpretations, and
determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures
of this section, the Vendor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN THE APPLICABLE STATUTORY
LIMITATIONS PERIOD.
IX. WARRANTY. This Agreement is subject to all warranty provisions
established under the Uniform Commercial Code, Title 62A, Revised Code of Washington.
VENDOR WARRANTS ALL SERVICES WILL BE PROVIDED IN A PROFESSIONAL AND
WORKMANLIKE MANNER CONSISTENT WITH INDUSTRY STANDARDS.
DISCLAIMER OF WARRANTIES. ALL PRODUCTS PROVIDED BY VENDOR ARE PROVIDED
"AS IS", WITH ALL FAULTS. VENDOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR PARTICULAR PURPOSES, OR NON-INFRINGEMENT. ANY AND ALL ORIGINAL
EQUIPMENT MANUFACTURER WARRANTIES, CERTIFICATIONS AND GUARANTEES ARE PASSED
THROUGH TO CITY. VENDOR SERVES AS A SINGLE POINT OF CONTACT BETWEE
N THIRD PARTY
OEMS AND CLIENTS TO ENFORCE SUCH PASSED THROUGH WARRANTIES, IF ANY.
X. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on
behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates.
GOODS &SERVICES AGREEMENT - 4
(Over$10,000,00, including WSST)
Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy
Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract
work, file the attached Compliance Statement.
XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Vendor's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Vendor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
Agreement.
XII. INSURANCE. The Vendor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit A attached and
incorporated by this reference.
XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors
in the performance of the contract work and shall utilize all protection necessary for that
purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any
loss of or damage to materials, tools, or other articles used or held for use in connection with the
work.
XIV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
GOODS &SERVICES AGREEMENT - 5
(Over$10,000.00, including WSST)
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section XI of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. This Agreement may not be assigned or otherwise transferred by
either party in whole or in part without the prior written consent of the other party, provided
that such consent shall not be unreasonably withheld, or necessary for assignment to a parent,
wholly-owned subsidiary or legal successor of a party.
If the non-assigning party gives its consent to any assignment, the terms of this
Agreement shall continue in full force and effect and no further assignment shall be made
without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Limitation. TO THE EXTENT ALLOWED BY LAW, VENDOR'S ENTIRE LIABILITY
AND CITY'S EXCLUSIVE REMEDY FOR DAMAGES FROM ANY CAUSE WHATSOEVER,
INCLUDING, BUT NOT LIMITED TO, NONPERFORMANCE OR MISREPRESENTATION, AND
REGARDLESS OF THE FORM OF ACTIONS, SHALL BE LIMITED TO THE INSURANCE
LIMITS AS NOTED ON THE VENDOR'S CERTIFICATE OF LIABILITY.
I. Non solicitation. During the term of the Agreement between the undersigned
Parties, and for a period of 12 months thereafter, both Parties agree not to solicit for a
permanent or other position any employee or subcontractor of the other party to whom that
party was introduced or who worked on a project involving the Parties pursuant to this
Agreement.
The Parties acknowledge that in the event that either Party breaches the agreement not to
solicit above, that the other Party would be irreparably damaged and such Party consents to
injunctive relief being entered against it in favor of the non-breaching Party without the
necessity of posting a bond in any court of competent jurisdiction which includes, but is not
limited to, Dallas County, Texas.
J. Confidentiality. The Parties agree that "Confidential Information" means any
information disclosed by the disclosing party to the receiving party, either directly or indirectly,
GOODS & SERVICES AGREEMENT - 6
(Over$10,000.00, Including WSST)
in writing, orally or by inspection of tangible objects (including without limitation documents,
prototypes, samples, plant and equipment, customer lists or other customer information not
known to the public), which is designated as "Confidential," "Proprietary" or some similar
designation, or is the type of information which should reasonably be recognized as Confidential
or Proprietary. To the extent allowed by law, each party agrees to protect the other party's
Proprietary and Confidential Information to the same extent that it protects its own Proprietary
and Confidential Information.
K. Compliance with Laws. The Vendor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Vendor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
L. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
VENDOR: CITY OF F�FV�:
By: By:
(signature) (signature)
Print Name: Pri N uzette Cooke
Its I a vor,
(title)
DATE: DATE: S /
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
Andrew Rosenbaum Mike Carrington
INX LLC. Information Technology Director
1955 Lakeway Drive, Ste. 220 City of Kent
Lewisville, TX 75057 220 Fourth Avenue South
469-549-3800 (telephone) Kent, WA 98032
469-549-3888 (facsimile)
(253) 856-4607(telephone)
cc: Shannon Vanderford (253) 856-4700(facsimile)
INX LLC.
10655 NE 41h St, Ste. 212
Bellevue, WA 98004
Phone: 425-468-6462
APPROVED AS TO rfOR
rA,
Ke t Law Department
GOODS & SERVICES AGREEMENT - 7
(Over$10,000.00, including WSST)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of , 2013.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1 of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement.available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on the_
(date) , between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of , 2013.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3 of 3
EXHIBIT A
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, independent contractors,
products-completed operations, personal injury and
advertising injury, and liability assumed under an insured
contract. The City shall be named as an insured under the
Contractor's Commercial General Liability insurance policy
with respect to the work performed for the City using ISO
additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000
general aggregate and a $2,000,000 products-completed
operations aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor's insurance coverage shall be primary
insurance as respect the City. Any Insurance, self-insurance,
or insurance pool coverage maintained by the City shall be
excess of the Contractor's insurance and shall not contribute
with it.
2. The Contractor's insurance shall be endorsed to state that
coverage shall not be cancelled by either party, except after
EXHIBIT A (Continued)
thirty (30) days prior written notice by certified mail, return
receipt requested, has been given to the City.
3. The City of Kent shall be named as an additional insured on
all policies (except Professional Liability) as respects work
performed by or on behalf of the contractor and a copy of
the endorsement naming the City as additional insured shall
be attached to the Certificate of Insurance. The City
reserves the right to receive a certified copy of all required
insurance policies. The Contractor's Commercial General
Liability insurance shall also contain a clause stating that
coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects
to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
ATTACHMENT B
CLIENT RETURN MATERIAL AUTHORIZATION POLICY
General Return Pohcy
All returns require a Return Material Authorization (RMA) number. The RMA team in PRESIDIO'S Client Assistance Center(CAC)
issues RMA numbers following a review of each RMA request as they are submitted In certain instances, CLIENT may wish to deal
directly with the OEM in order to expedite a return Each request will be approved or denied on the basis of the following guidelines
Permissible Timeframe for Return
PRESIDIO provides a fifteen(15)day return policy All requests for a RMA must be made within fifteen(15)days from the invoice date.
RMA numbers issued by PRESIDIO are only valid for ten(10)days and the product must be returned to PRESIDIO within this tuneframe
RMA numbers will not be extended or reissued
The Cisco Trade-In Credit is subject to return of all equipment to Cisco Systems within 30 days of receipt of new Cisco product Failure to
return the trade-in equipment within 30-days will result in forfeit of Cisco Trade-In Credit and payment of credit amount in full is due to
PRESIDIO Inc Any extensions beyond this 30-day tumeframe will be considered an exception to PRESIDIO policy, and will be reviewed
on a case-by-case basis
Defective or DOA Product
At PRESIDIO'S discretion, Product that is defective or dead on arrival (DOA) will be repaired, replaced, or credited according to the
manufacturer's warranty
Non-Defective&Stock Balance Returns
Non-defective returns and returns of Product that exceed the actual quantity needed by CLIENT("Stock Balance Returns")are accepted for
credit or exchange at PRESIDIO' discretion All non-defective returns and Stock Balance Returns must be returned in new, unused
condition,without rips,tears,markings,writing,stickers or general defacement of exterior original manufacturer's box with manufacturer's
seal left intact and are subject to a fifteen percent(15%)restocking fee
Orderin¢Error Return
If incorrect parts/Product(s)are ordered in error by PRESIDIO,the parts/Product may be returned if its condition meets the return standards
outlined below Parts/Product ordered in error by CLIENT are subject to a fifteen (15%) percent restocking fee and must be returned in
new,unused condition
All Products returned must be complete This includes all original manufacturer's protective packaging(including electrostatic protection),
manuals,software,documentation,cables,or other accessones originally shipped with the product,blank warranty cards,and original UPC
codes on the box Incomplete returns may be returned to the CLIENT or assessed an mcomplete return fee of up to twenty-five percent
(25%)in addition to any other fee(s).
Returns received with the original manufacturer's box written upon or where the CLIENT did not use an adhesive shipping label will be
assessed a defaced carton fee of fifteen percent (15%) in addition to any other fee(s) and may not be subject to return to the original
equipment manufacturer for a full refund
The following is an example of products not authorized for return:
• Hewlett Packard Configure To Order(CTO)
• Build To Client Order(BTCO),
• Opened software
• Software licenses unless first authorized by the manufacturer
• Special order product
• Product with broken manufacturer's seal
• Excessive defacement of OEM packaging
• Discontinued or obsolete product
• Duplicate CD's
• RMA with a total value of less than$50
• Product not purchased through PRESIDIO
EEO COMPLIANCE DOCUMENTS - 4 of 3
The following is an example of items that will not receive credit:
• Configuration charges
• Freight charges
Shipping Damage
If product arrives with damage that is visible or likely to have affected the contents of the boxes,the preferred method of handling it is to
refuse delivery of the shipment due to damage by the carrier The carrier will be responsible for returning it to PRESIDIO The CLIENT
must note the reason for refusal on the carrier's `attempted delivery' record If the damaged shipment is accepted,the recipient must note
all known and visible damage on the carrier's `delivery record' in order for PRESIDIO to file a damage claim The recipient must save the
product and all packing it arrived in and notify their PRESIDIO CAC representative immediately so a carrier inspection and pickup can be
arranged Failure to follow these instructions or to report damage within fifteen(15) days from the invoice date will result in the request
being denied as out of return eligibility
Over-goods
Over-goods are unauthorized returns. Any products returned to PRESIDIO without a valid RMA number will be considered Over-goods.
The Over-goods may be returned to the CLIENT and the CLIENT may be charged a$50 processing fee per shipment returned,plus related
freight charges If the CLIENT refuses the shipment of Over-goods from PRESIDIO or returns the Over-goods to PRESIDIO a second
time without PRESIDIO' prior authorization, the CLIENT agrees to relinquish all right and title to and waives all claims against
PRESIDIO for credit related to such products
CLIENT Responsibilities
The PRESIDIO RMA team can be reached at PRESIDIO-Retums(a PRESIDIO coin or 469.549 3880 and they will determine if the
product is eligible for a RMA No returns of any type will be accepted without a RMA number. For prompt service,please have as much
of the following information available as possible. CLIENT name, CLIENT account number, original invoice number(s), CLIENT
purchase order number(s),part number(s),serial number(s),SKU(s)and quantity,product condition,and reason for the return request
The CLIENT is responsible for shipping charges on returned items and all risk of loss. PRESIDIO recommends
that all shipments have full insurance coverage. PRESIDIO will provide prepaid shipping labels or credit
CLIENT'S one-way shipping charges for returns that are caused by PRESIDIO error.
If the original box is not suitable for shipping, the CLIENT is responsible for repacking the product to avoid
damage to the original packaging and the product itself. Boxes made of thin cardboard with clear plastic
wrapping are an example of boxes that may need to be repackaged or over-boxed.
The possibility of restocking fees being assessed should be discussed between the CLIENT and its PRESIDIO
RMA representative. The RMA representative will be able to provide the amount of and reason for the fee(s)
on a case-by-case basis.
If approved, the RMA team will provide the RMA number, "ship to," and other pertinent information. Clearly
mark an adhesive shipping label with this information and place it on the box.
THE ORIGINAL MANUFACTURER'S BOX MUST NOT BE WRITTEN ON
EEO COMPLIANCE DOCUMENTS - 5 of 3
REQUEST FOR MAYOR'S SIGNATURE
KENT Please FIII In All Applicable Boxes
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: Tamara Rose Phone (Originator): 4602
Date Sent: 2/28/2013 Date Required: 3/4/2013
Return Signed Document to: Tamara CONTRACT TERMINATION DATE: 4/5/2014
VENDOR NAME: Presidio/INX DATE OF COUNCIL APPROVAL: 12/11/2012
Brief Explanation of Document:
Annual renewal for CommVault maintenance data backup software. Included In the 2013
Operating Budget. Approved by Council.
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All Contracts Must Be Routed Through The Law Department t
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Received: % �!
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Approval of Law Dept.: APR 0 3
Law Dept. Comments: 2013
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Date Forwarded to Mayor:
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Received:
Recommendations and Comments: )
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Date Returned: `