HomeMy WebLinkAboutIT14-335 - Extension - Presidio - 2016 Nimble CS220 Software Maintence Renewal - 11/15/2015 NT Records Management Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-856-5725.
❑ Blue/Motion Sheet Attached
❑ Pink Sheet Attached
Vendor Name: Presidio Networked Solutions, Corp.
Vendor Number (JDE): 800752
Contract Number (City Clerk): IT14-335-002
Category: License Aqreement
Sub-Category (if applicable): Cho iU.,211t,..--
Project Name: 2015-2016 Nimble CS220 Software
Contract Execution Date: 11/15/15 Termination Date: 11/14/16
Contract Manager: James Endicott Department: IT
Contract Amount: $2,958.73
Approval Authority: ® Director ❑ Mayor ❑ City Council
Other Details: Ties with IT14-335
li,-� � % QUOTE: 2003215002525-01
v if4,,;:. °* a A:SL.': DATE: 10/09/2016
PAGE: 2 of 2
Quota valid for 30 days unless otherwise noted
Additional Terms
The following terms and conditions shall govern tills agreement unless a valid Master Services S Product Agreement or other similar agreement("Master Agreement')between the parties
,a$been executed and is in force,in which crime terms of the Master Agreement shall prevail to the extent that they are lncermandr ilh the following terms and cantons.
1 Purchase Orders,mvoErng,.Payment and Acceptance.Any purchase order submitted by CLIENT in connecion with this agreement shall be deemed subject to these
Additional Towns and this agreement.Unsigned,electronically submitted purchase orders shall be deemed to include CLIENT'S electronic signature and shall be binding to the extent
:.accepted by Presldlo.Pmffers's performance of such purchase order shall not constitute Preside§acceptance Of new or different terms,including pre-printed terns on such order.In
absence of a purchase order,CLIENT agrees.that its signature below.grants Presidio the eight to invoice CLIENT and authorizes payment to Presldlo.for the amounts owed Further,.
CLIENT represents Mat Presitlio can rely on such CLIENT signature for payment
Presldd shall invoice C LI ENT for the PfOducter snorer Services in accordance with me terms stated in the.agreement The price included herein reflects a 3%dscount for payment by cash,
Meek or wire transfer.This discount will not apply in the event that CLIENT pays using a credit card or well,card.
CLIENT shall make payment to Presidia within thirty(30)days from Me date Of invoice.Except for taxes due on Presidles,net Income,CLIENT shall pay all taxes.Presidia reserves the
right to bill CLIENT for additional work requested by CLIENT and performed by Preside,and for applicable expenses incurred by Presidio pursuant To peviding such additional seNices,
which are not described in IT agreement. -
Unless otherwise indicated in This agreement,CLIENT agrees Nat staff augmenamor,services and services performed on a time and materials basis shall be deemed accepted as
periodical,UNass OtherWse indicated In this agreement,Projects shall be deemed accepted upon the earlier of Presidia's receipt a signed Project Completion and Acceptance document
which has been signed and dated by an authorized representative of CLIENT,or thirty(3D)cadanbar days from the date of in a delivery of the final Project deliverable.If acceptance is it
refused,the Client Shall provide,in writing to Presidia,its reasonable basis for refusal poor to the expiration of the thirty(t)i calendars day wide Presidia shad address the issue before
subsequent work is undertaken.
2 Shipment of Product. All Products delivered to CLIENT hereunder shall be shipped FOB orgin,freight collect Title and risk of loss shad pass to CLI ENT at point of origin
Products shall he deemed accepted upon delivery,
3 Limitations of Warranties.Pfeeido warrants Mat Services shall be provided by competent personnel in accordance with applicable professional standards.ALL PRODUCTS
PROVIDED BY PRESIDIO ARE PROM DED'AS IS',NTH ALL FAULTS.PRESI DI MAKES NO OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLU DING:BUT NOT LIMITER TO
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ANY AND ALL ORIGINAL EQUIPMENT MANUFACTURER(OEM)WARRANTIES
CERTIFICATIONS AND GUARANTEES,1F:ANY,ARE PASSED THROUGH TO CLIENT �..
4 Inlellaclual Property CLI ENT acknowledges that Preel its vendors ardor its licensors hotel all patents armlet copyrights in and to all proprietary data,processes and
programs,11 dry provided in connection With Services performed hereunder.any Preside software provided to CLIENT as part of the Services provider)shall be subject to the vendors,
Iicanso's or OEM's copyright and licensing policy. TO the extent Such software is prepared by Presidio it is chiseled by nontransferable,nonexdusve license for CLIENT'S Internal we
only,subject strictly to me terms and condtdons of this Agreement,and shall terminate upon termination or expiration of this Agreement. CLIENT shall not duplicate,use or disclose for the
benefit of third parties,reverse engineer Or decamp le any such sof(ware -
5. Cordllearial Into rmation. The parties agree That Confidential Indrinni means any information disclosed by the disclosing party to the receiving party,either directly or
indirectly,in Writing,orally of by inspection of tangible objects(including w,ihOTAliritation aocurnents,.protolypes,samples,plant and equipment"CLIENY Idsts Or other'CLIENT'
information not known to the public)which is designated as"Confiaentiat"PProprietary"or some similar resignation,or is the type of information which should reasonably be recognized as
Confidential or Proprietary. The receiving party shall not use any Confidential Information of me disclosing party for any purpose except ib evaluate and engage in discussions concerning
this Proposal. Each party agrees to protect The other parry's Proprietary and Confidential Information to the.Same extent Mat I%moderate Its own Proprietary.and Confidential Information but
with no less than s reasonable degree of care. j
6 Limhaflan of Liability. IN NO EVENT SHALL PRESIDIO BE LIABLE TO CLIENT FOR ANY INDIRECT,INCIDENTAL,SPECIAL,CONSEQUENTIAL,EXEMPLARY,OR
PUNITIVE DAMAGES OF ANY KIND WHATSOEVER,ARISING IN CONTRACT,TORT OR OTHERWSE.EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.PRESIDIO'S
ENTIRE UABILITYAND CLIENT'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 AMOUNT WHICH HAS BEEN ACTUALLY PAID TO PRESIDIO BY CLIENT
FOR SERVICES AND/OR PERFORMANCE HEREUNDER. Without limiting the foregoing.Presidia will have no responsibility for the adequacy or parfmTnance of jr-)any third party
software provided to Presidia under this agreement(IT)any hardware,and(h)any serviess previded by any third parry. - -
T. Non-Solloustion Provision. During the term of this agreement and for twelve(12)months thereafter,CLI ENT will not solicit for a.permanent or other position any employee
of subcontractor of file other party to whom that party was introduced as a resat ofthis agreement. Should CLIENT Solicitand/Or hire an employee or contractor from PRESIDIO,CLIENT
shell pay to PRESIDIO an atlministratie fee equal to l years salary of Me employee's new salary al CLIENT,
8 Export Law Compliance. CLIENT has been advised that all Products purchased hereunder and Presdlo Confidential Information is subject the U.S.Export Administration j
Regulations.CLIENT agrees to comply wi In all applleable United Stales export control laws,and regulations,as from tlme to time amended,inquding without limitation,the laws and
regulations administered by the Linked.Stales Department of Commerce and the United States Department of Slate.
9 Force Majeure. Neither pan,Shall be liable for any failure or delay in performance of its obligations thereunder where such performance is prevented or delayed by causes
beyond its reasonable control,including without limitation,flood.war,embargo,strike or other labor dispute,rot acts of God or the intervention of any government authority.
10 Choice of Law and Venue. The parties will attempt to settle any claim or controversy arising under This agreement through cansudtation and negotiation in good faith and
Spirit Of mutual cooperation.This agreement and all matters rotating thereto Shall be,governed exclusively by The substantive law of the Stale of Texas. Any dispute relating directly or ail
intlire Uy to Nis agreement or any other contact or agreement between the parties which cannot be resolved through the process of consultation and negotiation shall be brought in a court
of competent jurisi In Dallas County,Texas,that being the exclusive venue for any dispute between or any claims held by any of the parties to this agreement, -
11. Miscellaneous. This agreement constitutesthe entire agreement of the parties and supersedes all priorwritten or oral agreements,representations and understandings
rolating to the subject matter hereof,with the exception of a valid Master Services and Product Agreement beHveen the pai9ea under the terms of which this agreement shall be
incorporated.This agreement shall not be amended or modified except by written instrument signed by the parties.Should additional work beyond the scope of the Services detailed herein
by Presidia be requested by CLIENT,fees for such additional.Services WIT be negodatea with CLIENT prar to performing such work and wil be memorialized In writing between the Parties
by utillong A Project Change Request form(-PCR')Or an additional agreement as appropriate.Preside will invoice CLI ENT Tor any additional work performed and expenses incurred which
are not described In this agreement The POT agree that neither may assdgh ns rights or duties under this contract widurt the prior Written consent of the other Party,which consent shall
not be uAnneran bly withheld.
12 Sevarabiliry. The provisions of this Agreement are severable.If any provision of this Agreement or its application to any person or circumstance is ever held by any court of
competent judsdicfion to be Invalid for any reason,the,amender of this Agreement and the application of such provision or part of this Agreement to ether persons or cirourstanees shell
not be affected -
Customer hereby authorizes and agrees to make timely payment for products delivered and services
rendered including payments for partial shipments
,CuStOiner Sig' ro Defer I
L' T
2003215002525-01
J DATE 10109M15
PAGE: I m2
TO: City of Kent,WA FROM: Presidio Networked Solutions Group.LUC
Marta Gonzalez Peter Alpiger
220 Fourth Avenue South 10655 NE 4th Street
KENT.WA 98032 Suite 212
Bellevue,WA 95004
mgonzaiez@kentvva.gov
la (p)253.856.4627 palpiger@presidio.com
(f) 253.856.4700 (p)469,549.9841
Customenr CITY0594
Ace...t M.m.gi:l M.Iniv,Barr.11
Inside Sales Re,: Po,,Al,ig,
Title: Nimble Storage Support
Comments: Pricing i,valid through 1119/2015
I SLA-NBD-7S2XX NBD Paris D.1,SW S,,&Infosaight-C3220,'240/260 $270104 1 $2,7 02.04 1
for 12 1
13ab Total: $2,702.041
G.md Total:
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