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HomeMy WebLinkAboutIT16-161 - Original - Presidio, Inc - Contract - 03/29/16 r r/lp%ire� Gii FEE 'WASHINOTON ec",---- rd s M, em 0 KENT Dry CONTRACT COVER SKEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Presidio, Inc Vendor Number: 8007''52 JD Edwards Number Contract Number: LP This is assigned by City Clerk's Office Project Name: Commva,ult Lic Expansion Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment M Contract ❑ Other: Contract Effective Gate: 3/29/16 Termination Date: 3/28/17 Contract Renewal Notice (Days): 30 dam Number of days required notice for termination or renewal or amendment Contract Manager: .James Endicott Department: Information Technologies Contract Amount: $1g09 40. tl Approval Authority: ❑ Department Director ❑ Mayor ❑ City Council Detail: (i.e. address, location, Parcel number, tax id, etc.): This is coming out of our Capital C/L account T20158 As of: 08/27/14 kU (N 00 - Q » 7 2 3 9 « m (0 o 0 - o e \ � J \ 2 § C.,! -qr m m ® N r_ O \ \ .. E o m m (0m 5 q . C # k 2 0 q / / � ± � n w w � CO ca k � to N } � 3cc n # k m R 5 R C / w D § 7 / J7 2 2 2 2 FnL \ % @ E © » 2 e O O O »Cc � � � � J � k / D \ \to \ k C ? / 7 \ @ 22 004 04 # / J q c 2 ƒ 2 E Y m / co CL (D 7 5f 3@q % \ § » a c � k 4 � § k2 � \ 6 o m a- > C 2 2 U2 < « � 0. ca _ ƒ 0 § 6 § \ > _ o # - c % R o m k / ® 2 4 2 E \ @ k £ m k �/ w � a \ § © £ 0 > % k � 7 ee e \ m s WW � ■ 0 O $ § 0 � U) fi b_ 0) & � 0 ■ o $ E �\ 4- k � \ �` f 2 E 7 R ? / f § � � � U- § t o _ « § � 2 k E k m § / % \ » 0 2fE � [ m e CL k oo - E ■ EoR co \ 952 - - 4 -)4-- 'f o P �00 (Raz �'P%W QUOTE: 2003216601727-02 to I CATE. 03/1012016 PAGEa I of 2 TO: City of Kent,WA FROM: Presidio Networked Solutimis Group,LLC James Endicott Matthew Barraill 22:0 Fourth Avenue South 10655 NE 4th Street VENT.WA 98032 Suite 212 Bellevue,VVA 98004 JEncicaolt@kentwo.gov (P) mbarraP@presidio.cvrr (p)425.468,6465 CLISIclarl CITY0594 Account Manager: fAarthcw Barrall hiside Sales Rep:. Peter,Apiger Title: Corri-nVault-MSIM Option 1 Comments: Pricinti is valid for 30 days. MEN=I SB-C-FAE-IT-A Coryinivinolt enterprise file archive,licensed per TB, Provides full rights to use all file S3.23,;-29 4.00 S12,941 16 archive agents,including 01I covir.ents: Ikla Il pioviitles r'111'rViAt all ryle i"s'chlve nt;erlie avpportod by the File ArcI edition,feetr,rre pw;lk indwding the OoePmss methods Paase rf en 1T8 of afrh1ved data Includes Enterprise o4aUe for any deduplicalluri or encryption features.Capacilly usage is tneasured daned on the front-rand/Aplirlication Size of tall active data erchivo)*bs available an the Comm Cell."I'll a cri alloy installation of any combination of included agents and features up to the maximum client size limits on the cell.All jobs retained in in active OnePass cycle.Objecti-Ink policy or Legal Hold policy will be added to the Data iVrhive Front end TP,rapacity.($(,Td per Terabyie of Front-End Archlve Si7e.Tiered Volume price) 2 S-Pferniurn, Support t Maintenance Subricrlpfloii S4,447,06 1 $4,44T06 for 12 mors) Comments: Wofificailon of sofilware updates,rrrroduct fixes and related enhancements. 24 hour access to the ConiTnVault Technical Assistance i)including holldays). Quarieffy reports Sub TQtkW $17,388722 Gravid Total: $17,308,22 QUOTE: 2003216601727-02 PRESID10 , DATE: 03/1012016 PAGE: 2 of 2 Quota vaild(Or 30 days unless otheirvire noted, Additional Terms The follci,irlg ternis and conditions all govern this agrd 2rnenl unless a vahic Mristar Services&Product Agreement or otherarridar agi,eernent(Master Agreemerf,j between the parties ties been executed and is in force,In 41-limr case the'turns of Vie Master AgreernpnT shall prsv&"i 10 the extent treat'they are inconsistent witch Ina following terms and conditions. 1. Pura"se Orders,Invoicing,Payment and Acceptance. Any Purchase order lubrilibed by CLIENT in cionnornon with this agreement shalt be deemed subject to these Additional Terrrn,and this agreittrerif,Unsigned,elecirominallysutmitted purchase orders OMI be cl to Include CLIENTS electronic,signitureand shall be tinning to the extent accepted by Presidia.Presidia's performance of such purchase order small nor constitute i a acceptince,of new or different Terms,incl pre-pnnfed terms on such order,In absence of a purchase order,CLIENT"agrees that its$ignri below grants Presidio the tion)f to invOiCe,CLIENT and authorizes payment to Presidia for the amounts Owed.Further, CLIENT represp h Is triat Prosicio can rely art suctr CLIEN r signature for payment, presidia shall invoice CUENT for tne Probuids andfor Ser,ncfs in accorilaricewith the terris Vated in tire agreement The price,included i rieftesta,a 31,A disccurt for payment by Utah, Check or vvve usirisfor.Tr is oissiourt will not Apply in,the 60M that CLIENT pays u8mg a credit card or debit card. CLIENT Wr4t make payment to Preidro within 1(30)days train the dale of invoice.Except for taxes due on Prestdio's net income CLIENT shall pay al laxre,Presidia reserves the right 10 bill CLIENT for additional work requested by CLIENT and performed by presidia,and for applicable expenses incurred by Presidia,pUisi-ii to providing such additional services, which are not described in this agreement Client Understands and agrees to its obfigallon,that applicable sales tax will apply to the quoted services on a fry site o=)ort basic Unless offie'vire Indicated in lhls agreetters,CLIENT tu�rees that staff acadymentatlon serAces and Services Foencrined on a nme and matenals basis spoil be deorned aDcei as performed.Li otherwise indicated in i agreement,Proiecas shall be doomed accepted upon the earlier of Pre,ati receipt a signed i Completion and Acceptance document which nas i signed and dated by art authorized roldreseribiLve of CLIENT,of thirty(30)calendar days from the data of[tie delivery of the final Project deliverable.if acceptance is refused the Client stiall provide,in writing to Presidia,its isenionalbe basis for refusal,prior to the expiia!I;On of Me thirty(30)calendars day period. Presidia shall address the issue before sub8ficluonr work is underlidkian. 2. Shipment of Product. At[Products delivered to CLIENT hereunder snail ce shipped FOB crigin,freight ccrem.Tiae and risk of loss shall pass to CLIENT at point of Origin. PiddWbS Gliall be dearrLd BOCOpted Loan delivery. 1 Limitations of Warranties, Presidd wavenlis that Services shall be Provided sycomperemparscinnal in airpoiclaricavirti applicable professional Standards.ALL PRODUCTS PROViOED BY PRESICIO ARE PROVIDED'AS IS WITH ALL FAULTS.PRESIDIO MAKES NO OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO WARRANTIES OF TAERCHANTABiLITY AND FITNESS FOR A PARTICULAR PURPOSE ANY AND ALL ORIGINAL EQUIPMENT MANUFACTURER(OEM)WARRANTIES, CERTIFICATIONS AiND GUARANTEES,IF ANY,ARE PASSED THROUGH TO CLIENT 4. intellectual Property CLIE14T acknovdadges that Presidia its vendors aniclor its 4banitors iCavn all patents aadilor copyrights in and to all proonatarr data,processes and programs,if any,pray,dotr in connection vVitt'i,Services performed hareunder;any Pre adio software PrOveOd 10 CLIENT as part Of the Services provdiad chat as si Is the vendor's" Idensor's OrCEM's coloynghl and ficansing policy. To the extent such sortavaire is prepared dy PresIhfic,it is provided by romiansferadle nonexclusive license for CLET,47'S internal use Only,SLIviOC,Mf[Cby to the terms and conditions of this Agreement,and shall terminate upon termurrai or expiration of this Agreement. CLIENT shall not duplicate,use or diSdoise for the benefit or Onlrd parties,reverse engineer or decompile any such software 5. Confidential information The;parties sdrea titaf CorifirdenUal information matins any information disclosed bey the disclosing party',a the receiving party,6 har directly or indirectly,in wrifing,orally Oil by inspection of tangible obiects(including without limitation doc'uments,prcrclypas"samples plant arid equipment,"CLIENT lists or otlrier'CLIENT" information not known to the public),which is designated as"Confidential,'"Proprietary"or sorre ti deegnalion,or is the type ofinformalfan which should reasonably be recognized as ConfiderniaiortirolarlsLary. The racaiAng part,/shall not use any Confidential inforrinallicil of trio caploping party for any purpose except to evaluate and crigage in discussions concerning this ProposOL Each party agrees to protect the other party's Proprietary and Confidential r1foirrelion to the tame extent trial it protects im own Proprietary and Confidential information but with no less than a reasonable degree of care. 6 Limitation,of Labillly IN NO EVENT SHALL PRESIDIO BE L[ABLE TO CLIENT FOR ArTY INDIRECT,INCIDENTAL,SPECIAL.CONSEQUENTIAL,EXEMPLARY,OR PuNII";VE Dr'NIAGES OF ANY KIND VIA,[ATSOEVER,ARISING IN CON,rRAC ii TORT OR OTHERIAASE EVEN IF ADVISED OF THE.POSSIBILITY OF SUCH CAlrAAGES.PRESIDIO'S ENTIRE LIABILITY AND CLIENT'S EXCLUSIVE REMEDY FOR DAMAGES FROM ANY CNuSE WHATSOEVER,INCLUORtG,BUT NOT UMITED 70,NONPERFORMANCE OR, MISREPRESENTATION AND REGARDLESS OF THE FORM OF ACTIONS,Sat IALL SE LlMlTED TO TiiE Afe�CUNT Atill HAS BEEN ACTUALLY PAID TO PRESIDTO EY CLIENT FOR,SERViCES AND)OR PERFORMANCE HEREUTZER, lyvithout hinting trip foregoing:,Pres-clio will nave no tespor&bihty for the adequacy Or performance of(Iny any Ittird party software provided to Presidia under this agreement iii)any hardware,and(ill)any services provided by any third patty" 7, I'lon-SolicifarorrProvision, During the term of Vila agrearrient and for twelve I12}Months 111aintifter,CLIENT will not thili for a permanent or other position any employee orsubcontraccor of theviTherciatty to winorn that party was Introduced as a result of this agreement. Should CLIENT spiut anal hire an emplitysi or contractor from PR ESIDIO,CLIENT Shaft pay to PRESID10 an administrative fee equal to 1 year's salany Of the employee s nev,salary at CLIEN r E. Export Law Complance. CLIENT has been advised that'all Products purchased bereormer and Frei Confidential Inittination is subject to the,U.&Expon AdinniStrationi Regulations.CLIENT agrees to comply vsuttr all applicable United States export Control laws,and regulations,as from time to time amended,indudingwithotif OMrtrltaridm,the laws and regulations administered by the United States Detainment Of Commerce and the United Sidles Department of State. 9. Force Majoure- Neither party Shall be Jislible for any sulure or delay in performari of its obligmions hereunaer wners,such performance is prevented or doiaVed by causes beyond its reasonable control,including without Trinitarian,food,war,embargo strike or other labor aispute, nof,atta;of God or the intervention of any government authority. 10 Choice of i and Verne, The parties wdi ovornpi to sate any clan or controversy arising under TriS 3gi sment through consultation and negotiation in good lafr,and a sprat orritutuaTcooperation This agreement and all rb4i relating thereto shall be governed exci by Me sunslantive law,of the State Of Texas. Any diaputLreNatirvgdiyerdlyor ridirectly to Mis agreement or any other contraLtoragrearrientbeween me parties',l cannot be ressi,eirl itircugh the procens and nequiiailon shall be brought in acourt of comperaOt julis(l it)Dallas County,Texas,that being me exclusive venue for any dispute between or any claims held by any of the panics to this ageenteril 11. misceiianaous. This agreement constitutes the entire agreeiriont of the Parties and 5LoofS0deS oil prior wrilan or oral agreernems representations and understandings relating 10 the SUl Matter hereof,with the exception of a valid Vaster Services and Product Agrearrierit OPVveen the parties underthe terms of idich this agreernent shalt be Incorporated.This agreement shall riot to amended or modified except by written insburnent signed by The parties Shouid additional%vork,beyond the scope ofthe Servaces detailed herein by Prarii'110 be rOpLested by CLIENT,fear for such additional Services will be negotisted vilth CLIENT prior to performing suciiI work and will be marricriallud in vinting between the Parties by uhlizing a i Change Request form i"i or an additional agreement as appropriate Presidia,will irivitiCe CLiENT for any additional work performed land expenses Incurred whah, are not described in this aproarrant.The Porlies agree that neither may assign its rights or duties under this contract without the prior written consent of the other Pahy,wNich consent shall nor be"N"Gh s0ral withheld,. 11) SeveraDility. If any provision Of this Agreement or its application to any poison or dircurrislance is ever held by any court of COrripitlent pursd,CuCt`to be invoilia far any reason the,inmairder of this Agreement and the opplicaiiCil 01 p(OvisiOrP 01'can Of this Agreern,on t to other Tivirtore a,,circurn stances shall not so affecled Ciustorner haiety al.drohZeit and ago to make Tmoy payment for products delivered arid services r—(-)-ndked including payinents. ?tshjprnents 4-1 Costorrier Signature Date ;p� Please send payments PRESID� 10., made payable to: INVOICE: 6013216001,128 Presidia NeNvorked Solutions Group,LIC DATE. 3131/2016 P0 Box 677638 Datfas,TX 75267-7638 PAGE: 1 of 1 Presidio Networked Solutions Group,LLC DUN&15-405-0959 VVrre or ACH Payments: For questions on this invoice please call: PNC Bank Mona Duke Acct:8616159745 (p)469.549.3804,(0 469.549,8984 ABA 031000053 mduke@presidio.com BILL TO: City of Kent,WA SHIP TO: City of Kent,WA Accounts Payable information Technology 220 Fourth Avenue South 400 W Gow,e St Ste 122 KENT,WA 98032 KENT,VVA 98032 Customer#: CITY0594 Customer ROM 129863 OP Account Manager: Matthew Banal OrdLt ft: "07411600462 Payment Terms: Net 30 Quote 2003216601727-02 Title: Comrnvault-rASiM Option 1 1i N iii i i!i 11'� pippil; liol i 1 SB-C-FAE-IT-A Cornmvault enterprise N1 a archive,licensed per TB. Provides S3,235.29 4 4 $1,229.41 S12,941,16 full rights to use all file archive age S-PREIAIUM Support&Maintenance Subscription $4,447.06 1 1 S422.47 $4,447.06 Sub Total: $17,38822 No return merchandise accepted without prior Return Authorizalicn. All returns subject to a 201A restocking fee. Wscellane()US! $0.00 If not billed on this invoice,all taxes are to be paid by the buyer. Past due balances are subiect to 1.56/a per rnorith finance charge. Shipping&Handling: $0.00 Tax: 51,651.88 Trade discount: $0 00 Grand Total: $19,040,10 Discrepancies must be reported vvilhin 5 days of receipt of shipment or shipment will be considered complete.