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HomeMy WebLinkAboutIT15-383 - Extension - Presidio Networked Solutions Group, Inc. - 2019 CommVault Software Premier Support Coverage - 12/06/2018 �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. Vendor Name: Presidio Networked Solutions, Inc, Vendor Number (JDE): 800752 Contract Number (City Clerk): �Cj - ?jrjzj Q Category: License Agreement - ... ...... w_ .. . .... Sub-Category (if applicable): Choose an item.,,,,,,, Project Name: Commvault Software Premier Support & Capacity Renewal Contract Execution Date: 12/06/18 Termination Date ­41,,X/0"11 .9t Contract Manager: James Endicott Department: IT Contract Amount: $38,386.12 Budgeted: ® Grant? Part of NEW Budget: ❑ Local: ❑ State: ❑ Federal: ❑ Related to a New Position: El Basis for Selection of Contractor? Bid: ❑ RFP. ❑ Small Works Roster: ❑ Quotes: N Approval Authority: ❑ Director ® Mayor ❑ City Council Other Details: Ties with IT15-353-003 �% QUOTE: 2003218808577-01 Wp�I Slp.. WY .,. DATE'. 11/15/2018 PAGE 1of2 TO: I City of Kent,WA FROM: Presidio Networked Solutions Group,LLC Accounts Payable Ali Blackburn 220 Fourth Avenue South ! 10655 NE 4th Street KENT,WA 98032 ,.f Suite 212 Bellevue,WA 98004 AP@kentwa.gov (p), : ablackburn@presidio_com (1469.549.3902 BILL TO City of Kent,WA SHIP TO: ' City of Kent ;4 Accounts Payable f, Jeff Callahan 1 220 4th Avenue South 220 4th Avenue South KENT,WA 98032 +. Kent,WA 98032 AP@kentwa.gov jcallahan@Keri gov 3. (p), (p)253-856-4615 Customer#: CITY0594 Account Manager: Jahn Bankson Inside Sales Rep: Ali Blackburn Title: City of Kent Commvault Renewal 2016 Comments: Comm Cell lD#: F964F 1 S-PREM-RN1NL CommVaull Software Premium Support Coverage'.(24 hours a day,7 days a S34,896A7 1 $34,896.47 week)', for 12 mo(s) '.. Comments: Term Date:12/6/2018-12/5/2019 ... Sub Total: ... i $34,896.47 . .............. .............. ....... rprand Total: 7 - $34� p�J0 �s '7/8/P '2- QUOTE: 2003218808577-01 PRES DATE 11/15/2018 PAGE: 2 of 2 Capt.valid far 30 days unless purpose.noted, Additional Terms The following terms and conditions shall govern this agreement unless a valid Mager Services&Product Agreement or other similar agreement('Master 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. 1, Purchase Cyders,Invoicing,Payment and Acceptance, Any purchase ortler 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'.d0afronic signature and shall be binding to the extent accepted by Pres Cho Preardar''5 performance of such purchase order shall not constitute Presldo's acceptance of new or different terms,including pre-printed terms So types,pmUer.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.wend,Further, CLIENT represents that Presidia can role on such CLIENT aignarle tarsal. Presidia shall invoice CLIENT for the Products andlor Sa,ia.S In eversdmtae with the terms slated in the agreement. The price included herein reflects a 3%discount for payment by cash, check orwire 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 ltliny(30)days from the date of Invoke.Except for texas due on Presidia's net income,CLIENT shell pay all taxes,Pre uld reserves the right to bill CLIENT for additional work retgaesded by CLIENT and perfonaed by Presidio,and for applicable expenses mcurred 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 Urtles9 olh vatses,suffered ed in this agreement,CLIENT agrees f1m staff augrrodrllatian soYvme'e and servlcaa Prearranged oae a five a®d materials bases soul he deemed accepted as Unreanmertl.Unless athevwfae Indhvaeed it,this agreehvaftl.Prajecgd shall be deent rd sac efifir l ,Pon it,.Senior of Proadlo's Mamart a signed Project Compfixedir and Acceptance rearg ment wrillb has bran sigmeh end dated leyailauffi ro 4add repTesenjana,atCLIFN'f,or sell g3d)Calandrar ones from the'late at the dulpuary by the final paajpvxl deliverable If Incopkdnc.is h refused Ile Client shall provide,In wiping In Presld l its oposiontala Need fast rra,W11,Fora to lire yny,pira l bathe III pol Saledefir s daay ski Prod W'O shell add erso lira dnvuS before subsequent work IS ruP,1,,,ken. 2. Shlpoetd of Prod.d All Products delivered to CLIENT hereunder shall be shipped FOB origin,freight collect.Title and risk of loss shall pass to CLIENT at point cf origin, Products shall be deemed accepted upon delivery. 3. Limitations of Warranties, Presidia warrants that Services shall be provided by competent pleszmnal an atxurdanar with applicable professional standards.ALL PRODUCTS PROVIDED BY PRESIDIO ARE PROVIDED AS IS WITH ALL FAULTS,PRESIDIO MAKES NO OTHER WWAIRRANTIES,EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND 9TNESS 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 vendars,andlor its licensors retain all patents and/or copyrights in and to all proprietary data processes and Programs,If Andy,merited in comas ep'mn with Services ppyAMMvj handandis say Parbods doll d a provided to CLIENT as pad of he*StooPea proodad shall be aubjpwi to the trarino"z, licensor s or ORM s wastrel and lid bat mp policy. To the exerat jnw,sg v arte is prepared by Peealdle,it Is provided by nableassate4vla,mrnlasoluSive license for CLIEN'ply Internal use only,subject singly to the terms antl cotlithkons of this A(praaoeeM„and credit larmikere upon tlemBnmtinn or expirwason of thispegieermere. CLIENT shalll not duplicate,use or dh.closetpr the benefit of third dames,reverse engineer or desomplle any such software. 5. Carifiderdial6dornaation, The learesagree that Cdnfuburribl lflAldration means any Information disclosed by the declaring parity to the receiving party.either directly or indirectly in wnPng orally or by Manacle of I afidiiNe bell Qindrollowihoul togethon document,,prototypes.samples,plant and equaffic f,"CLIENT"lista or other"CLIENT" information not knewe tls the public) whtah s d[mptlgPY1lad as"'Carnpldarnlh.d"°Prroiofiafary"or sors,annual designation,or Is the type of informalon esthete anchorr reasonably be re.agntced as Confidential or Proprietary, The receiving party shall not use any Confidential Information of Mousseline y for cline den any purpose except to evaluate anal engage in disoussionsernaeadding this Proposal Each party agrees to protect the other party'.Proprietary and Confidential Information to the same extent that it protects its own Proprietary and Confidential Information but with no lass 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 T0,NONPERFORMANCE OR MISREPRESENTATION,AND REGARDLESS OF THE FORM OF ACTIONS,SHALL BE LIMITED TO THE AMOUNT MICH HAS BEEN ACTUALLY PAID TO PRESIDIC 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 Linder this agreement, .)any hardware and fill)any dikes provided(by at IV third party 7, Non-Soliciefon Provision. During the tens of this agneirsrtk and for hvelve(12)nbeirl4fi lifead der 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, Soft hl CLIt"R4T solicit andlor hire an employee or contractor from PRESIDIA CLIENT shall pay to PRESIDIO an administrative fee equal to 1 year's side::✓of the s ag...rys new salary at CLIENT. to Export Law Compliance. CLIENT has been adwi5vd that all Products purchased hereunder and Presidia Confidential Information is subject to the U.S.Expert Adramistrafion Dapple li ens,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 I regulations van i metered by the United States Department of Oomme roe and the United Slates Department of State. 9 Force Majeure Neither party shall be liable for any failure or delay In perform Save of its obligations hereunder where such performance is prevented or delayed by causes beyond(laraaaanabld cpr,la'el,i,ndnudn'g wrlhoh.RllmatnY¢an PtloaA',v.au,amMango,®�tegNS Sr mfttnrlabordlappla oust,eels of fi3adorlhSlniorManOnal,tap tcwypavavrlunsnl a�,Ahorily, h 10. Chohwul&.awand Vvnlle dha Panics wale altnnlptl l¢r aSlllrr any¢Cmiaa pr wmlrawersy anmgmg walJaa tbvro agrceamvanl tlrunu�glt ctvnstdvadn+v end nagpgtMpnn In{,porn faith adds spirit of ahulUPH dd4eq)aralla"4 TItp8 agrmUlnaPlmeM-0aVl mraipets rrpathryp lhbre"R ahkll lah wavarruad kailipvaiwely by tllta suFurlanlWo pav✓ai 4s4&fate of'fer'as. Any dispute ardidttrg directly air I indirectly Is The aquaria nlor.any other deriala:l or aygreerAddl bobrse,the parties which aboard he rer,tnlven Uvough the peocass Sir ronedbihop and naricadfrib shall leas brought in a pv.Pd of competent lunsdtetion In Dallas County,Texas,that being the exclusive van Le for any dispute between or any claims held by any of the pandas to this agreement. 11, Miscellaneous This agreemert constitutes the entire agreement of the parties and supersedes all prior written or oral agreements,representations and understandings ralmnug to Pia amPolactl naa#tens hanaof,wltu tlhd.axcraphon of a waliol fvEastsr Sarwhtes anal PrndUcl Agrn�nnneml drolwaad+.tlha p+aarpa.under save terms of wfiiah Ihls agraaaeanl shall bt. inesuffir l;a¢L.This akeawminM dhalll mil bE aafarlfYed ut rPodvRlael k%L'epla dy wrpEfnm prvAlrtlanent signed!vy Ihr pares.S te tat nd bill war k beyond he raises 01ha Services detailed herein by Frose h4 as requnalact by 0 LIEN(,lee 9lnv quo,ishfilourg$orgies.wtllins,nagd101 ad wh If i CIL IF NT leer to terminal Laid h wank and WIII be a naalnnallzsd rn walling between par,Pnhir dyu min(aaProjectClassing¢Ratefi.Lferret("PCIR)or aim addlltopeal adroanred as aypeaprnlm Presidia will Hands CI.IEMi for any additional weak pdecPM d and expsn.as locartretY whlah are not described in this agreement.The Parries agree that neither may assign its rights or dunes under(his contract without the prior written consent of the other Party,which consent shall not be Unreasonably withheld, 12. Stryle d illly. 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 jurieddiam CN be invalid for any reason,the remainder of this Agreement and the application of such provision or part of this Agreement to other persons or circumstances shell not be affected. Customer hereby authorizes and agrees to make timely payment for products delivered and services tendered,Including payments for partial shipments Customer Signature Data r N ti iA N O U m m OOD OD Q N V M m V M OO F M M U) U N (D_ J F rn N O d a O ) N N L C7 C U N v 00 O N C 0 a0 H d CD (D F O U ro N R N L00 S c L F r o W m N u) H O U co Z 0 V C r YCON N O co a Op 3cM0 � w W m . zr— X � : M m m v a co v v v (D � O m m O O O > adoa o cY a Z � � m O C Q) N y� M j O � 7 V. O C W o � V/ N p N N N U N m M it .' N u LO d 04 O o G L E Y C) U) cc a O c it ) -O m C N COcq W a U O w C Y j lfJ U) - O U .N. Q Q O L ai 3 N a+ GI s+ O V - C M� Q O N p U p C O m err N Y d co yA� y L � Q (n � m o / N N 'V > .0 Q # N ' is 70E E Ico L a U 4w •� a m _o v V O m � oa) t� O O O m N o -0 a) Y O N ak J i C a7 W C U) N E (� N f6 Q O L M r Z l6 � .� o wFo rn 7; n _rn U W 3 E .0. L+.O U CO � Q 0' U - N N a O E Q w m a � N 'L a m Q E _ O Q T t w N !E 0 CD '5 a m H O cn C V U) Y Q 2 ter ► REQUEST FOR MAYOR'S SIGNATURE '�✓' ICENT Purchase Order Only - Print on Yellow Paper w •o. ,.µa„ 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.9, r Originator:James Endicott Phone OriginatoQ:X4620 Date Sent: 12/19/18 Date Required: 12/24/18 Return Signed Document to: Lvnn(;E Smith Contract Termination Date: 12/05/18 VENDOR NAME: Date Finance Notified: 12/14/18 Presidio Network Solutions (Only required on contracts $10.000 and over or on anv Grant) DATE OF COUNCIL APPROVAL: _ Date Risk Manager Notified: N/A Specifically Authorized in Budget? OYES © NO Account Number: 52001740.64830.1800 Brief Explanation of Document: Please sign PO#149393 - Commvault Software Premium Support Coverage renewal Term: 12/06/18-12/04/19 Cost: $38,386.12 Budgeted in IT's 2018 Maintenance budget Shaded Areas to Be Completed By Administration Staff Received: RECEIVED Recommendations and Comments: DEC 19 2018 Disposition: 1Z/�9�/b' r �' r� �✓ �� ,,��,�" •� i? City of Kent Office of the Mayor Date Returned: vi wnvrvi im Iasi"m wmv»nip aquariaw mpinMuuw�imuYi�au" �iv,wn.