HomeMy WebLinkAboutIT15-383 - Extension - Presidio Networked Solutions Group, Inc. - 2017 CommVault Software Premier Support Coverage - 12/06/2016 , r
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CONTRACT COVER SHEET
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: 800752
JD Edwards Number
Contract Number: IT-113- 3`�3 - OOZ
This is assigned by City Clerk's Office
Project Name: 2016-2017 CommVault Software Premier Support & Capacity
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: 12/06/16 Termination Date: 12/05/17
Contract Renewal Notice (Days): 30
Number of days required notice for termination or renewal or amendment
Contract Manager: James Endicott Department: Information Technology
Contract Amount: $61 585.83
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Approval Authority: ❑ Department Director ® Mayor ❑ City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
As of: 08/27/14
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MAYOR'S
ip ® p �y p g �
REQUEST FOR PMAYOR'S SIGNATURE
�� a Purchase Order Only ® Print on Yellow Paper
wA,H x6.0x Please Fill in All Applicable Boxes
ALL REQUESTS ARE ROUTED DIRECTLY TO THE MAYOR AND RETURNED TO THE ORIGINATING DEPARMENT
DO NOT ROUTE TO CLERK'S OFFICE
Approved by Directo`� l'�"
Originator:James Endicott Phone (Originator): 253-856-4620
Date Sent: 12/13/2016 Date Required:ASAP
Return Signed Document to: Lynnette Smith Contract Termination Date: 12/06/16-12/05/17
VENDOR NAME: Date Finance Notified:
Presidio Network Solutions (Only required on contracts
10 000 and over or on any Grant
DATE OF COUNCIL APPROVAL: 12/16/2014 Date Risk Manager Notified:
Specifically Authorized in Bud et? YES ® NO Account Number:T20158.63520.1800&52001740
Brief Explanation of Document:
2016-2017 Presidio - Commvault Software Premiere Support Coverage
December 6, 2016 - December 5, 2017
I
Maintenance = $28,051.48
Capacity = $28,191.29
Grants the City of Kent access to software improvements and patches as they are
released. Also provides 24x7 technical support for Commvault, the City of Kent's backup
software solution.
Approved in 2016 Capital and Operating budget
Shaded Areas to Be Completed By Administration Staff
Received:
Recommendations and Comments:
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Disposition:
Date Returned:
i
ry msl�ommenl ProuseinglReWesl for lAaywsSpnal mPx xse O el.xcx
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a Pleaseeentlpaym INVOICE: 6013216005235
I I l/ \.✓ r — made payable toenis:
1111��11 �� Presidio Networked Solutions Group,LLC DATE: IM212016
PO Box 677638 PAGE: 1of1
Dallas,TX 75267.763E
Presidia Networked Solutions Group,LLC ,
EIN:76-0515249.DUNS:15-405-0959 Wee or ACH Payments:
For questions on this Invoice please call: PNC Bank
Calhe Palo AccC 8616169745
(p)781.638.2257,(f)781.970.1436 - _ ABA 031000053
cpalo@pmsidio.com
BILL TO: City of Kent,WA SHIP TO: City of Kent.WA
Accounts Payable SCANNED Information Technology
220 4th Avenue South 400 W Gowe St Ste 122
KENT,WA 98032 I KENT,WA 98032
JAN 0 4 2017
Customers: CRY0594 Customer P e: f3480q uP
Aceoulk Manager: Matthew E Banal] y J Ordure: _30074ll60t764
Payment Terms: Net 30 — Quote Y: 2003216607792-02
Title: COmmyauk software
S-PRE64RNWL-VPA COmmVault Software Premium SuWd Coverage:(24 hums a $213,051.48 1 1 $2,664.89 328,05t 48
day,7 days a week)
/A
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Sub Total: l $28,051.48
No relurn merchandise accepted without prior Return Authorization.
All returns subject to a 20%restocking fee. Misceilaneous: $0.00
6 VOL billed on this Invoice,all taxes are to be paid by the buyer.
Past due balances are subject to 1.5%per month finance charge. %hipping&Handling: $0.00
Tax: $2,664.89
i Trade Diacounl: $0.00
Dnnd Total sE0,716.37
Discrspandea must be reported within 6 days of mmipl of shipment or shipment wit be considered complete.
Pieaade payable
to: ~� INVOICE: 6013216005,219 ;
Icy made payable to:
Presidlo Networked Solutions Group.LLC M DATE: 12121 f2o18 ., , � .
PO Bw 677635 PAGE: 1 of 1
„Dallas.TX 75267-7639 { r
Presidio Networked Solutions Group,LLC
EIN:76-0515249,DUNS:16-405,0959 Wire or ACH Payments:
For questions on this Invoice please talc i PNC Bank
Cache Palo i AccV 8616159745 1
(p)781.638.2257,(f)781.970.1436 L ---- - A13AO31000053T
cpalo@presidio.com
SILLTO: City of Kent,WA SHIP TO: City of Kent,WA
Accounts Payable SCANNED Information Technology
220 4hh Avenue South 400 W Go"Stt Ste Ste 122
KENT,WA 98032 KENT,WA 98032
JANN 0 4 2617® )ryp�+
customerM CRY0594 FINAN •�— A/ Customer P 1348000P
Account Manager: MalthewEBarrell Order#: 30074116017M
Payment Terms:—Net 30 '-- --"- —' '— 'Quote#: 2003216%7792.02 - --- — --
Title: Commvault Software
Pon 9 •.
0,dood Shipped Price
SMSIMi Commvault VM Backup 8 Recovery Foundation prnhedion $763.64 2 2 $145A9 $1,527.26
using Virtual Server Agent backup/recovery
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CN.MNT-STPK-1 Commvault Opersnonal Intelligence Foundation Package( $1,818.18 1 1 $172.73 $1,818.111
Bundle)
SB-C-DPP-IT-A Data Protection Foundolon(DPF)capacity bundle used in a S3,636.36 2 2 $690.91 S7,272.72
dedicated CommCell for TB-based Capacity L
SM-FAE-1T-8 This bundle previous full tights to use all File Archive agents S2.664,55 5 5 $1,260.91 $13.272.75
supported by the File Archive Enterpr
S-PREM-15 'Nalificztlon el software updates.product fixes and related 54300.36 1 t $408.53 $4,300.30
enhancements. 24 hour access to the Com
t tg II
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—.._. —Sub Total: $28,191.29 j
No return merchandise accepted without pilot Return Aulhgizahlon.All returns subject to a 20%restocking fee. Mlscallaneous: $0.00
If not billed on this invoice,all hazes are to be paid by the buyer, —
Past due balances are subject tol.5%per month fiance charge. Shipping B HatuRriF $0-00 -
Tax: -_..� S2,678.17 j
Trade Discount' $0.60
OrarM Total: .•. $3g,869A6
Discrepancies must be reported within 5 days of Mcalpl of shipment or shipmentwill be considerad complete.
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QUOTE: 2003216607792-02
_. , DATE: 1 010 512 01 6
PAGE: 1 of 3
TO: �i City of Kent,WA FROM: { Presidio Networked Solutions Group, LLC
James Endicott ; Matthew Barrall
220 Fourth Avenue South 10655 NE 4th Street
'? KENT,WA 98032 Suite 212
Bellevue,WA 98004
JEndicott@kentwa.gov
pi (p)253-856-4620 mbarrall@presldio.com
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(p)425,468.6465
3
SHIP TO: l City of Kent Police Department
y`1 James Endicott
220 41 h Ave South
Ky KENT,WA 98032
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%i JEndicott@kentwa.gov
f' (p)253-856-4620
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CustomerM CITY0594
Account Manager: Matthew Barrall
Inside Sales Rep; Peter Alpiger
Title: Commvault Software
9 part If Description Unit Price Cry, Ext Price
1 SB-cSIM-S-F Commvault VM Backup&Recovery Foundation protection using Virtual Server Agent $763.64 2 $1,527.28
backup/recovery
Comments: Includes backup infrastructure with deduplication,disk and tape options.Perpetual license purchased on socket basis.
Maintenance&Support Must Be Purchased Separately.
Com
ult Operational Intelligence Foundation Package
2 CN-MNT-S7PK-1 Comments:my ReportingRequired
uirfor
o Existin tl QommCelilu.Includes Lions Management Reportingcerr(10
see GB Log SKU CN-POMManagement,
Operations
lpOration oral $1,818.16
Intelligence Foundation Package,Perpetual
3 SB-C-DPF-IT-A Data Protection Foundation(DPF)capacity bundle used in a dedicated CommCell for TB- $3,636.36 2 $7,272.72
based Capacity License Agreement(CLA)customers
Comments: This provides 1 Front End TB(FET)of the DPF capacity for a CommCell offering unlimited MediaAgent,File System,NAS and
Virtual Machine(VSA)clients matched with Enterprise class backup Infrastructure features(Deduplication and Encryption);
purchase additional TB quantity to meet your Cell needs.Additional client types or other features can be purchased separately
and applied to the DPF CLA cell,but all backup jobs will be scored as DPF TB usage.This edition can be upgraded to another
CLA edition by purchasing the appropriate upgrade option capacity.The cell can be combined with additional purchases of Data
Archive or Search capacity.Perpetual license sold per terabyte of front-end protection.Tiered volume price.Maintenance&
Support Must Be Purchased Separately. _
4 SB-C-FAE-1T-B This bundle provides full rights to use all File Archive agents supported by the File Archive $2,654.55 5 $13,272.75
Enterprise edition feature pack including the OnePass methods based on 1TB of archived
data capacity.
Comments: This includes Enterprise usage for any deduplication or encryption features.Capacity usage is measured based on the front-
endlApplicatlon Size of all active data archive jobs available on the CommCell.The cell(s)allow installation of any combination '.
of included agents and features up to the maximum client size limits on the cell.All Jobs retained In an active OnePass cycle,
ObjegLink policy or Legal Hold policy will be added to the Dale Archive Front end TB capacity.(Sold per Terabyte of Front-End
Archive Size,Tiered Volume price)
5 6-PREM-18 "Not cation of software updates,product fixes and related enhancements. 24 hour access $4,300.36 1 $4,300,36
to the CommVault Technical Assistance Center(including holidays). Quarterly reports.
6 S-PREM-RNWL-VPA CommVault Software Premium Support Coverege:(24 hours a day,7 days a week) $28,051.48 1 $28,051.48
Comments: Term Dale:1 2/612 01 6-1 21512 0 1 7
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QUOTE: 2003216607792-02
PRESIDIO ,, DATE: 10/05/2016
PAGE: 2 of 3
a a
Sub Total: _ $56,242.77,
—Any Tax B Freight Charges trill he addedlamended of tints of 4iRing•as applicable.Sales fax and shipping am estimated and x0jent h,ther'C. Y
Estimated Tax: p5,343.0fi
Grand Total: $fi1,58$.83
I
QUOTE: 2003216607792-02
PRESIDIO ., DATE: 1 0/0 512 01 6
PAGE: 3 of 3 'i
Quote valid for 30 days unless otherwise noted. i
Additional Terms
The following temrs and conditions shall govern this agreement unless a valid Master Services&Product Agreement or other similar agreement("Master Agreement)between the parties
has been execs led and is in force,in which Case the terms of the Master Agreement shall prevail to the extent that they are inconsistent with the following terms and Conditions.
t. Purchase Orders,Invoicing,Payment and Acceptance. Any purchase order submitted by CLIENT in Connection with this agreement shall be deemed subject to these
Addilional Terms 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.Prealdid s performance of such purchase order shall not constitute Preaidio'e acceptance of new or different terms,including pre-printed terms on such order.In
absence of a purchase order,CLIENT agrees that Its signature below grants Presidia the right to invoice CLIENT add authorizes payment to Presidia for the amounts owed.Further,
CLIENT represents that Presidia can rely on such CLIENT signature for payment.
Presidia shall invoice CLIENT for the Products and/or Services in accordance wild the terms stated in the agreement. The price Included herein reflects a 3%discount for payment by cash,
Check or wire transfer.This discount will not apply in the event that CLIENT pays using a Credit card or debit card.
CLIENT shall make payment to Presidia within thirty(30)days from the dale of invoice.Except for taxes due on Presidids net income,CLIENT shall pay all lease.Presidia reserves the
right to bill CLIENT for additional work requested by CLIENT and performed by Presidia,and for applicable expenses incurred by Presidia pursuant to providing such additional services,
which are not described in this agreement
Client understands and agrees to Its obligation,that applicable sales tax will apply to the quoted services on a by site location basis.
Unless otherwise indicated in this agreement,CLIENT agrees that staff augmentation services and services performed on a time and materials basis shall be deemed accepted as
performed.Unless otherwise 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(30)calendar days from the date of the delivery of the final Project deliverable.If acceptance is
refused,the Client shall provide,in writing to Presidia,its reasonable basis for refusal,prior to the expiration of the thirty(30)calendars day period. Presidia shall address the issue before
subsequent work is undertaken.
2. Shipment of Product. All Products delivered to CLIENT hereunder shall be shipped FOB origin,freight coflect.Title and risk of loss shall pass to CLIENT of point of origin.
Products shall be deemed accepted upon delivery.
3. Limitations at Warranties. Presidia warrants that Services shall be provided by Competent personnel In accordance with applicable professional standards.ALL PRODUCTS
PROVIDED BY PRESIDIO ARE PROVIDED`AS IS',WITH ALL FAULTS.PRESIDIO MAKES NO OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.ANY AND ALL ORIGINAL EQUIPMENT MANUFACTURER(OEM)WARRANTIES,
CERTIFICATIONS AND GUARANTEES,IF ANY,ARE PASSED THROUGH TO CLIENT,
4, Intellectual Property. CLIENT acknowledges that Presidia,its vendors,ancifor its licensors retain all patents and/or Copyrights in and to all proprietary data,processes and i
programs,if any,provided in Connection with Services performed hereunder;any Presidia software provided to CLIENT as part of the Services provided shall be subject to the vendors,
licensors or OEM's copyright and licensing policy. To the extent such software is prepared by Presidia,it Is provided by nontransferable,nonexclusive license for CLIENTS Internal use
only,subject strictly to the terms and Conditions of this Agreement,and shall terminate upon termination or expiration of this Agreement. CLIENT shall not duplicate,use or disclose for the
benelt of third parties,reverse engineer or decompile any such software.
5. Confidential Information. The parties agree that Confidential Information means any information disclosed by the disclosing party to the receiving party,either directly or
indirecq,in writing,orally or by inspection of tangible objects(including without limitation documents,prototypes,samples,plant and equipment,'CLIENT'lists or other'CLIENT'
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. The receiving party shall not use any Confidential Information of the disclosing party for any purpose except to evaluate and engage in discussions concerning
this Proposal. Each parry agrees to protect the other party's Proprietary and Confidential Information to the some Extent[hat it protects its own Proprietary and Confidential Information but
with no less than a reasonable degree of care.
6. Limitation 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 OTHERWISE,EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.PRESIDIO'S
ENTIRE LIABILITY AND 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 performance of(in)any third party
software provided to Presidia under this agreement;(II)any hardware,and(III)any services provided by any third party.
7. Nan-Solicitallon Provision. During the term of this agreement and for twelve(12)months thereafter,CLIENT will not solicit for a permanent or other position any employee
or subcontractor of the other party to whom that party was introduced as a result of this agreement. Should CLIENT solicit and/or hire an employee or Contractor from PRESIDIO,CLIENT
shall pay to PRESIDIO an administrative fee equal to 1 years salary of the employee's new salary at CLIENT.
S. Export Law Compliance. CLIENT has been advised that all Products purchased hereunder and Presidia Confidential Information is subject to the U.S.Export Administration
Regulations.CLIENT agrees to Comply with all applicable United States export Control laws,and regulations,as from time to time amended,including without limitation,the laws and
regulations administered by the United States Department of Commerce and the United States Department of State.
9. Force Majeure. Neither party shall be liable for any failure or delay in performance of its obligations hereunder where such performance is prevented or delayed by causes
beyond its reasonable control,including without limitation,Flood,war,embargo,strike or other labor dispute,riot,acts of Gad 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 Consultation and negotiation in good faith and a
spirit of mutual Cooperation.This agreement and all matters relating thereto shall be governed exclusively by the substantive law of the Slate of Texas. Any dispute relating directly or
indirectly to this agreement or any other Contract or agreement between the parries which cannot be resolved through the process of consultation and negotiation shall be brought in a mud
of Competent jurisdiction 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.
it. Miscellaneous. This agreement constitutes the entire agreement of the parties and supersedes all prior written or oral agreements,representations and understandings
relating to the subject matter hereof,with the exception of a valid Master Services and Product Agreement between the parties 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 Presitlio be requested by CLIENT,fees for such additional Services will be negotiated with CLIENT prior to performing such work and will be memorialized in writing between the Parties
by utilizing a Project Change Request form(TOR')or an additional agreement as appropriate.Presidia will invoice CLIENT for any additional work performed and expenses incurred which
are nod described in this agreement.The Parties agree that neither may assign its rights or duties under this contract without the prior written consent of the other Party,which Consent shall
not bo unreasonably withheld.
12. Sevembility. 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 jurisdiction to be invalid for any reason,the remainder of this Agreement and the application of such prevision or pan of this Agreement to other persons or circumstances shall
not be affected.
Customer hereby authorizes and agrees to make timely payment for products delivered and services
rendered,including payments for partial shipments
ouj er SigM1'ature Date
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