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Home My WebLink AboutIT18-430 - Original - Computer Economics, Inc. - IT Major Studies and IT Management Advisories (TEC) - 06/30/2016 ANT 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: Computer Economics, Inc. Vendor Number (]DE): 1314709 Contract Number (City Clerk): llT.1` v14 0 Category: LicensemAcireement Sub-Category (if applicable): Choose hose an ite~r _ ._..............,. Project Name: Mayor Studies & IT Mgmt Advisories (TEC) Website-Licenses Contract Execution Date: 07/08/16 Termination Date: Contract Manager: Mike Carrington Department: IT Contract Amount: $3.250 Approval Authority: ® Director ❑ Mayor ❑ City Council Other Details: Initial Procurement - PO Onlv I COMPUtEP Economics Web Subscription User Information (Attach to service contract) Company Name: City of Kent Washington Contact: Mike Carrington Consulting Firm? ❑ Yes ® No Country: USA License"Type: ❑ ITV ❑ VAL ® TEC ❑ IMA ❑ CEI Expiry Date: ® New User ❑ Renewal Total Number of website users: 1(+2) Office Use Only -,�..._.........-____..._... _..___ _.... Access First& last name F.mail address Phone# User-rd Password Date __._ �. ._ Mike Larrinpton mca � t N)¢roa�lwa_uow 253-856-4607 James Endicott end�ctrNp-�M 253 856-4620 .,_..__-...m Lynnette Smilh__ kms0.lr'`"keruN��+n *ov 253 856-4602 Register other employees below for new research notification (once or twice monthly) Name �w Email address Phone # rf 2082 Business Center Drive, Suite 240, Irvine CA 92612 Phone: 949-831-8700 ext. 255 - Fax: 949-743-1650 I COMPUTER ECONOMICS ONLINE ADVISORY SERVICE LICENSE AGREEMENT This Online Advisory Service License Agreement(the"Agreement")is between Computer Economics, Inc. ("CE")and City of Kent Washington, 220 Fourth Avenue South,Kent,WA 98032(`Customer"), CE and Customer agree as follows: 1. PRODUCT, This License Agreement applies to the following serviee(s) and/or product(s) that will be provid ed to Customer b CE (together, h `t e 1"Product") Burin P y ) g the term of this License Agreement Advisory Services,including the following: a) Password-protected access to CompulerEconemicr Web,rite for a maximum of three (3) of Customer's- personnel with access to the following Product content: IT Major Studies and IT Management Advisories (TEC) b) O(hQr bundled services as listed in the FEE section of oils License Agreement. c) Telephone support from CE analysts from 8 a.m. to.5 p.m. PST/PDT for both technical questions regarding access to the Product(`technical support") and substantive questions about the data contained in the Product (`analyst support"). d) Exclusions: Partner publications offered for resale on Computer Econonucs website arc not included in this License Agreement but may be purchased separately. Customer must provide to CE the names of Customer's personnel who are authorized to access the Product (`authorized users") and CE will not issue passwords to Customer until such information is received. Customer must notify CF,of any change in the authorized personnel within 30 days of any such change. CE currently loffers other services and related products and may develop new services and products in the future.This License Agreement applies only to the services and products specifically identified above. Should Customer wish to participate in additional advisory services-or products offered by CE, such paxucipat'ion must be the subject of a separate License Agreement or in an addendum of work order to tlus License Agreement. 2. LIMITED LICENSE.The Product is subject to Copyright and other laws. The license granted to Customer by CE hereunder is limited. Customer and Customer's authorized users MAY: a) Use the Product only for Customer's internal research purposes-. b) Include short excerpts from the Product in reports,plans, studies,or analyses for use by Customer or Customer's clients,provided that Customer provides attribution to CE,including CE's copyright notice, for each such excerpt, c) Download and store electronically at their workstations and/or print single hard copies of commercially reasonable portions of the Product for their convenience,but only for the purpose authorized by this License Agreement. d) Occasionally distribute a copy of an individual article or report,or portion thereof,in electronic or non-electronic form to a few individuals (no more than five individuals per authorized user)widen the Customer's organization. e) Include short quotations of Product in marketing collateral or for other sales and marketing purposes, subject to written pre-approval by 0�' Contact CE for permission to distribute Product content beyond the limitations of this License Agreement. COMPUTER ECONOMICS, INC. 2082 Business Center Dr. Ste 240, Irvine, CA 92612, +1(949)831-8700 Computer Economics Online Advisory Services License Agreement Page 2 Customer and Customer's authorized users may NOT: a) Provide passwords for access to the Product to more than the maximum number of its personnel identified pursuant to paragraph➢. b) Share or loon, passwords,or allow passwords to be discovered or shared by non-mithomted.personttel within or outside OfCustomer's orgaruaznon. c) Allow others to photocopy or transmit electronically Any portion of they Product except as expressly authorized by this License Agreement. d) Distribute articles, reports, or portions of the Product to more than five non-authorized!personnet per authorized user. e) Regularly or frequently distribute articles,reports,or portions of the Product to non-authorized personnel. Apart from the permission grankod io Paragraph 2(b)above,distribute articles,reports,or portions of the Product to individuals outside of the C'UStOIY1er s on atuzalion, g Post any portion of the Product to an intrrnal or cxternat database,to an mtranet, to the Internet,or anvwhere that it may be accessed by non-nurhorired personnel. ' CE may terms note Oils License Agaermcga without prior novice to Customer if it has reasonable grounds to believe that Customer,has violated any llnutation on use of or access to the Product 3.TERM.The term of tlus License Agreement will commence on date of signed contract by CIS and this License Agreementwill expire one year from sigralute data^ u 11ptw expirnon.of this License Agreentent, f"a,istonlei's access to die Product will be terminated. Customer may renew this nlgretn eot Cirr additional one year recurs by providing written notice to CE a mndmi an of thirty(30)days prior to the,expiration of tiles current term or any renewal term. 4. FEE.The fee due from Customer to CE for the Product is as follows,payable in full upon Customer's receipt of CE's invoice, IT Major Studies&IT Management Advisories Website Subscription $3,750 Product License Fee (FEC) Credit for participation in CE's annual Pl'spending survey: (5500) (500) Net fee: $3,250 Other Bundled Deliverables Analyst Support:Two (2) hours No Charge Additional Analyst Support Ilours @$800/110nr TOTAL FEE $3,250 Notes:Tec.horcal Support is not counted against Analyst Snpport hours.Travel expenses,if realuired,will be invoiced to Customer at reasonable and custorreny tales, Upon cxpiratiorr of this.Agreement, C,rccuux'aer:will forfeit fees paid for bundled deliverables not consumed by Customer. This Agreement may be extended upon mutual written consent of CE and Customer. 5. CONDITIONS;LIMITED WARRANTY.The Product includes an advisory service, By its nature,the coo n°nt of the Produca,including the materials available to Customer through CE's Web site,will change during the term of this license Agrcerncau,The product is not intended to be legal advice. EiXCEVI'AS EXPRESSLY STATED I IF.REIN, CE DISCLAIMS ALL WARRANTIES,EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CF WILL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL,INCIDENTAL,PUNITIVE OR COMPUTER ECONOMICS, INC. 2082 Business Center Dr. Ste 240, Irvine, CA 92612, +1(949)831-8700 Computer Economics Online Advisory Services License Agreement Page 3 CONSEQUENTIAL DAMAGES FOR LOST PROr,ITS,LOSS OF DATA OR LOSS ON ANY OTHER KIND ARISING➢C7U OI'OR RESULTING FR(Ml T1AJS LIC FNSF AGIUd04EXT,THF. I)RCIDUCT, OR CUSTOMIAt'S A(t ESS TO OR USE OFT I HE PRODUCT EVEN IF ( I,i IAS BEEN INFORMED OI'"I"TIE'POSSTBII,.I'IY tIIIC12h'_?,O1a. CUSTOMgM ASSUMES ALI,RESPONSIBILITY FOR THE SELE(;I"ION AND h,dSM,OF'l"I.Ip.PRODUC IS 4 F.',S TCyP,AL LIABILITY FOR ANY'f.OSS,f,OS'P, CLAIM OR D,h.MAGI N OF ANY KIND ARCSING OUP OF OR RELATFD TO THIS AGRE.FAIENT SHALT.NOT I)CCEFT)`FI i H AMOUNT OF ANY PAYMENTS PAID BY CUSTOMER TO CE I IERF.UNDER DURING THE TWELVE (12)MONTHS PRIOR TO THE EVENT GR71NG RISE TO j SUCH LOSS; COST,CLAIM OR DAMAGES. NOTE THAT SOME STATES DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,SO CERTAIN OF TI IE ABOVE LIMITATIONS MAY NOT APPLY. Without limiting the effect of the foregoing, Customer agrees that CE will not be liable or be deemed in breach for ally delay or failure in Performance of dhrs License Agreement resulting directly or indirectly from any cntasc heyoad C;E7s control,including, without hntiwion,refatsal or inability of a thud Party to piovide caaanulunicntions or energy,labor shmoge, indunuMal dkpule,work stoppage and/or umasual or severe wealhcm.Then ptovisiot,ts Of INS paragrtaph shag➢turv,ive any termination of this Agreement 6. PUBLICITY.Gar'?shall not Publish or olherwtse disuiibtn ,Without;(;lrstoarner's prior Written approval, any advertising sales prontotusns,Press releases and other publicity matters relating,to the Services performed by far undmi:this agreementwherein< trslouier's names or marks are mentioned or bm&naage from winch the connection of said names or marks Ilrcmwith may be inferred or tml>hied. 7. INFRINGEMEN"I', C I,agrees u+ ptal'mnify,defend and hold Customer hanrrnlcvs from any third party cWm that C;nstotner's use of CE's wrtttco material as provided by CF* to Customer,in the manner expressly permitted in this Agreement infringes upon the copyright of a third Party, provided drat: (a) (;Ij is given written notice within 10 business days of documantecl disa:crvery of any such chum;(b) CIF, has the right to control and direct the defense of such chasm and (c) Customer shall reasonably Cooperate with C F'in such defense. Customer may participate ill mny such defense at its own expense with counsel of its choice; howcver, CE shall retain all authority for the control o[such defetase. 8. MISCELLANEOUS. This License Agreement constitutes the entire agreement between CE and Customer,superseding all prior written or oral agreements concerning the Product.This License Agreement criay tear be amended except to writing signed by both CE and Customer. COMPUTER ECONOMICS, INC. 2082 Business Center Dr. Ste 24 iIrvine, CA 92612, +1(949)831-8700 OompuGer Economics Online Advisory Services License A re _ Page 44 ------ ...... ._ement .. .. — Dated: - w_ _. _._.__ COMPUTER ECONOMICS,INC. Signature: Print Name: Title: Dated: _ CI1 IKE WASHI GTO i Print Name: „, ....._ ,.,.y Title: _,..—.�.....4�...�....m lA .....____.......,.._.... Rev.October 16,2015 COMPUTER ECONOMICS, INC. 2082 Business Center Dr. Ste 240, Irvine,CA 92612, +1(949)831-8780 I J.)a],. 18.2016 11 :42 AM Software Liaison — Sherry 505 200 2558 PAGE. 1/ 1 New vendor i ❑ Reactivate Vendor NT Vendor Set-up Form ❑ Address Change W Ir,„ , „ To be filled out by Vendor ONLY Vendor Number ) fWC1 FINANCE 220 Fourth Avenue South . Kent,WA 98032-5895• Phone: (253)856-5235• Fox: (253) 866-6200 DomAn incomplete form will Create a delay in our payment(s)to you and your payments) could ba sUtS act tot a 1 B ragUlred back-up withholding. COMPUTER ECONOMICS INC. Name,as It will appear on check (NO ABSRE'VIAr10NS) Doing Business A5(If different than name on check) 2082 BUSINESS CENTER DR. STE 240 Payment Address Business Address IRVINE CA 92612 City State Zip City State Zip f oau 1 831.8700 SHERRY MAPLES Phone Number Accounts Receivable Contact - . Chsok tha a ro frrle frr�. _ Corporation ❑ Government Agency lJ IrldividualNoie Proprietor ❑ Non-Profit ❑ Partnership IF This business is ❑ Minority Owned ❑ Women Owned ❑ Both Minority and Women Owned Fteilhor Will you provide medical services to the City of Kent? .... Yes Will you provide legal services to the City of Kent? Yes WIII you provide services wherihan medical or legal to the City of Kent? .. ..SAJaS..QRJPTIQN.... 'V° No Will you provide parts, supplies or materials to the City of Kent?..................................................Yes 1^11'1� Do you pay sales tax to the State of Washington?.........................................................................Yes OU It exempt from Form't00®rs6,orttn and aF�cic yourguallfying exemption reason.baiow: = ❑ 1. Corporation, except there is no exemption for medical and healthcare payments or payments for legal services ❑ 2. Tax Exempt Charity under 501(a), or IRA ❑ 3. The United States or any of Its agencies or instrumentalities ❑ 4. A state,the District of Columbia, a possession of the United States,or any of their political subdivisions ❑ 5. A foreign government or any of its political subdivisions Name(Owner or the Tax Payer Identification Number(EIN or SSN) as name appears on IRS or Social Security Administration Records): COMPUTER ECONOMICS INC. Social Security NI or Federal TIN, 20-2578164 Under penalties of perjury, I cerfdy that: 1. The number shown on this farm Is my correct taxpayer Identification number(or I am waiting for a number to be issued to me)and, 2, 1 am not subject to backup withholding because: (a) 1 am exempt from backup withholding,or(b) I have not been notified by the Internal Revenue Service(IRS) that I am subject to backup withholding as a result of a failure to ,.,/ ��S has notified me that I am no longer subject to backup Withholding, report all r i a ®—�—Wf or(c)the R Signature r dividends,�s . > Date � 07/1�8/2016 ."2nri.�aa,xnr ✓R(e-- I;IAdlfecd its compute r ftll'� INVOICE FOR SUBSCRIPTION economics PHONE# (949)831-8700 ext. 253 INVOICE# S0-1551602 2082 Business Center Dr FAX# (949)442-7688 DATE 71::C Ste 24011201 Irvine, CA 92612 WwW computeroconomics.Com BILL TO: SHIP TO. City of Kent Washington Mike Carrington 220 Fourth Avenue South Kent,WA 98032 " StatelCountry WA PRODUCT SALESPERSON P O NUMBER TERMS TEC=Technology Site AR Due Upon Receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1 TEC:Technology Site 3,750.00 3,750,00 Computer Economics Major Studies and IT Management Advisories(TEC) IT Survey Discount for participation in Annual IT Spending -500.00 -500.00 Survey One User License Plus Two Free SUBTOTAL $3,250.00 TOTAL DUE $3,260.00 PAYMENT OPTIONS MAKE ALL CHECKS PAYABLE TO, COMPUTER ECONOMICS, INC. 2082 Business Center Dr. Suite 240, Irvine, CA 92612 BANK WIRE TRANSFER INFORMATION AVAILABLE ON REQUEST, FOR FASTEST SERVICE, USE A CORPORATE PO NUMBER OR CREDIT CARD NUMBER AND FAX TO 949-743-1650. CORPORATE PURCHASE ORDER NUMBER: CREDIT CARD PAYMENT —VISA _MASTERCARD_AMERICAN EXPRESS DINERS CLUB CARD NUMBER. EXPIRATION DATE: ___,.mmm....,_..... ...................__.-...__. ` NAME ON CARD. - ----- - ---- SIGNATURE IF YOU HAVE ANY QUESTIONS CONCERNING THIS INVOICE, CALL DEB DISMUKE, 949-677-4673, FAX 949-743-1650 -+17511V 10 kip �or oraok i O o O O W O O O O p o O O U N N N 0 f O O m m m in o � +' C N ._....m. K •� « Oo .. A m F y a m p o C ❑ o K w to 0 00 O Cl)R C ~ O7 U C 0) W N 0 ' r m w c Q ~ 7 m U c m a O cc O O > Una Zd C7 � <D m � dr. m 3 Cc Oi T y�� R CL R�f„! In@ yY L M G p N 'o C " N O v� d O � C E Y o co co CL p dr N O t0 cc O N > O C C O >' CC N 6! G — O �! d N W o @Y U � QQN' 2 u' O C ✓ ry G7 ,.• C C - O + O G O N p p R N � U N N L U 7W ro 0 G� a cq Y a � m m 3 U a T o � of @ O cc N i V a U w @ @ U t C .E y aNi v a @ U C a O N N � co T O « N `O O C cn N 01 Gl O d i _ @ a cN N N d m U # U fO t U O � NQ N N O m a> O N a ~ E N a% N a a 2 �' w - o o C c EL �a