HomeMy WebLinkAboutIT18-135 - Extension - Presidio Networked Solutions Group LLC - 2018-2019 Cisco SMARTnet Annual Maintenance - 01/18/2018 Is oft
KENT
W,........ mecords 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.
0 Blue/Motion Sheet Attached
F-1 Fink Sheet Attached
Vendor Name: Presidia Networked Solutions Group, LLC
Vendor Number (JDE):--800752
Contract Number (City Clerk): 11 ?
Category: License Agreement
Sub-Category (if applicable): Choose an item.
Project Name: 2018-2019 Cisco SMARTnet Annual Maintenance Renewal
Contract Execution Date: 01/18/18 Termination Date: 01/19/19
Contract Manager: James Endicott Department: IT
Contract Amount: 62.601.98
Approval Authority: Z Director E] Mayor El City Council
Other Details: Note: Ties into Right Systems contract #IT16-406-002 which is ending
Sept 2018. The last two devices on the contract go end-of-life and there will be nothing
left on the contract. Future equipment is goingtt6_be added to the Presidio SMARTnet
contract-MovfMJ-f0Tw a rd.
PRESID10- Plmsd e pny pbaemon
INVOICE: 6013218GOO'843
Prasidio Networked SadL.ions Group,LLr- DATE: 31512U 16
P0 Box 67 38
'PresidiaNe6yorked Soluticris Group,LLC Data,.7X 752674638 PAGE: of I
EY
EIN.76-0515249,DUNS:15-405-0959 Wire In,ACH Payments:
For questions on this invoice please call: PNC Bank
(p) ABA 031000059
Cathe Palo Accl�8616159745
ripatc@pre,sidio,com
011
BILL TO: , City of Kent.VIA SHIP TO.' City of Kent,WA
Accounts Payable '0
Marla Gonzalez
220 Fourth Avenue South
00 W Cove St Ste 122
Kent,WA 98032 KENT,WA 98032
Curijonner4f: 0ITY0594 r Custorne
C4 �
Account Manager: sokla Hay OrdI ';11 .....
Payment Terms! Net 30 QUGI M 20321illl()6i!��-Oi
Ti City of Kent SMARTnet Renewal Jan 2018
CON-SEAR TNET CON-SMARTNET RENEWAL $2,365.44 1 1 $236.54 52,365A4
RENEINAL
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No return merchandise accepted without prior ReftI Authorzaron, T Sub TolA S2,365,44
AJI returns subject to 20'%reslocking'en. misceflaneous:
11 not billed on this invoice,all taxes are to be paid by the buyer. $0,00
Past,due balances are subliect to 1.5%per month finance charge. Shipping&Handli $0.00
GSTIHSTII 75468 2292 RTC00' Ing:
Tax: S236.54
Trade Discount:
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Discrepancies Must he repotted wilhin 51 days of receipt of shipment or shipment WH he considered compels.
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QUOTE: 2003218800356-01
PRESID10 , DATE: 02/12)2018
PAGE: 1 of
TO: City of Kent,WA FROM: Presidio Networked Solutions Group,LLC
,dames Endicott Sokha Hay
220 Fourth Avenue South 101555 NE 4th Street
KENT,WA 98032 Suite 212
Bellevue,WA 98004
JEndicott@kentwa:.gov
(p)253-856-4620 -n shay @presidio,coi
(p)425A68.8920
BILL TO: City of Kent,WA SHIP TO: City of Kent
Accounts Payable James Endicott
220 4th Avenue South 220 4th Avenue South
KENT,WA 98032 Kent,WA 98032
AP@kentwa.gov JEnd rott@kentwa.gov
j
(p) (p)253-856-4620
Customer#: C1 TY0594
Account Manager- Sokha Hay
Inside Sales Rep:: Felicia Walker
Title: City of Kent SMARTnel Renewal Jan 2018
1 CON-,9MARTNET CON-SMARTNET RENEWAL, $2,365.44 1 $2,365,44
RENEWAL for 12 nw(s)
Ship Ti City of Kent.WA
400 W Gowe Si.Ste 122
KENT,WA 98032
James Endicott
Comments: Pfease see attached spreadsheet for qtjpie deiads
Quote#261084862
.... ...............---
Sub Total: $2,365.44
any Tnaxd dye
igtitChirgesvrffl lase adcletfl,rytaendetYwttiPrTuafP)illirag,a,�applicabM.SoPvsllxaticish;t pnr 1,are cstiry?atedai7d
Estimated Tax: $236.54i
L
Grand Total: $2,601.981,
QUOTE: 2003218800356-01
PRESID10 , DATE. 02/12/2018
PANE: 2of2
Quote valid for 30 days unless otherwise noted.
Additional Terms
The following terms and conditions shall govern this agreement unless a valid Master Services&Product Agreement or other similar agreement(Waster Agreement")between the parties
has been executed 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,lnvoichrig,Payment and Acceptance. Any purchase order submitted by CLIENT in connection with this agreement shall be deemed subject to these
Additional Terms and this agreement.Unsigned,electronically submitted purchase orders shall be deemed to include CLIENT',electronic signature and shall be binding to the extent
accepted by Presidia.Presidio s performance of such purchase order shall not constitute Presidia 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 and authorizes payment to Presidia for the amounts owed.Forther,
CLIENT represents that Presidia can rely on such CLIENT signature for payment.
Presidio shall invoice CLIENT for the Products andfor Services In accordance with the terms stated in the agreement, The price included heroin 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(3D)days from the date of invoice.Except for taxes due an Presici net income,CLIENT shall pay all taxes,PresiMis reserves the
right to bill CLIENT for additional vacirk requested by CLIENT and performed by Presidia,and for,Applicable expenses,incurred by Presidio 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 stiff 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 asigned Project Completion and Acceptance document
which has been signed anti dated by an authorized representative of CLIENT,or thirty(30)calendar days from the date of the delivery of the final Project defivoralsfe,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. Presidic,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 collect.Title and risk of loss shall pass to CLIENT at point of origin.
Products shall be deemed accepted upon delivery.
3. Limitations of Warranties. Presidio 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'10
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,and/or its licensors retain all patents and/or copyrights in and to all proprietary data,processes and
programs,Larry,provided in connection with Servoes performed hereunder:any Presidia software provided to CLIENT as part of the Services provided shall be subject to the vendor's,
licenser's or OEM's copyright and Licensing policy. To the extent such software is prepared by Pre5dio,1;1 is provided by nontransferable,nonexclusive license for Ci intemal use
only,subject strictly to the terms and conditions of this Agreement,and shall terminate upon,termination or expiration of this Agreement. CLIENT shalt not cl use or disclose for the
benefit of third parties,reverse engineer or decompile any such software.
5. Confidential Information. The pates agree that Confidential information means any information disclosed by the disclosing party to the receiving,party,either directly or
indirectly,in writing,orally or by inspection of tangible objects(including without limitation documents,prototypes,samples,plant and equipment,"CEMENT fists or other"CLIENT'
information not known to the public,),which is designated as"Confeential,'"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 party agrees to protect the other party's Proprietary and Confidential Information to the same extent that it protects its own Proprietary and Confidential I rifionnation 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 Ai PERFORMANCE HEREUNDER, Without limiting the foregoing,Presidio will have no responsibility for the adequacy or performance of(in)any third party
software provided W Presidio under this agreement:(ii)any hardware,and i any services provided by any third party.
7, Non-Scilcdation Provision. During the tern)or this agreement and for twelve Q12)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 andlor hire an employee or contractor from PRESIDIO,CLIENT
shelf pay to PRESIDIO an administralive fee equal to 1,year's salary of the employee's new salary at CLIENT.
8. Expart 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 arnanded,including without limitation,the laws and
regulations administered by the United States Department of Commerce and the United States Department of Slate,
9. Force Majeute. 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 God or the intervention of any government aoi
10. Choice of Low 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 State of Texas. Any dispute relating directly or
Indirectly to this agreement or any other contract or agreement between the parties which cannot be rosolvorl through the process of consultation and negotiation shiall be brought in as court
of competent;jurisdiction in Dallas County,Texas,that being the exclusive venue for any dispute between or aniy claims held by any of the parties to this agreement.
11. Miscellaneous This agreement constitutes th a entire agreement of the parties and supersedes all prior written or oral agreements,rep rese nations and Un dersteridinq b
relating to the subject matter hereof,with the exception of a valid Master. ervices and Product Agreement between the parties under the terms of which this agreement shall be
Incorporated.This agreement shall not be amended or rnodltied except by written instrument signed by the parties.Should additional work beyond the scope of the Services detailed herein
by Presidio be requested by CLIENT,fees for such additional Semices voill 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 l"PCR")or an additional agreement as appropriate.Presidio will invoice CLIENT for any additional work performed and expenses incurred which
are not described in this agreement.Tire Parties agree that neither may assign as rights or duties under thi. contract without the prior written consent of the other Party,which consent shall
not be unreasonably withheld.
12. Severability. 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 invafld for any reason,the remainder of Unis Agreement and the application of such provision or part of this Agreement to other persons or circumstances shall
not be affected.
...............
Customer hereby authorvm and agrees to make timely payment for products delivered.and services
rendered,including payments ter partial shipments
Customer Signature Date