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HomeMy WebLinkAboutIT17-108 - Extension - Presidio Networked Solutions Group, LLC - SMARTnet Maintenance Renewal - 01/19/2019 K,ENT 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 Group, LLC Vendor Number (]DE): 800752 Contract Number (City Clerk): IT)-I _ 10 1-6 Category: _License Agreement Sub-Category (if applicable): None Project Name: 2019-2020 Cisco SMARTnet Maintenance Renewal Contract Execution Date: 01/19/19 Termination Date: 01/31/20 Contract Manager: James Endicott Department: IT Contract Amount: $2,766.93 Budgeted: ✓❑ Grant? Part of NEW Budget: ❑ Local: ❑ State: ❑ Federal: ❑ Related to a New Position: ❑ Anything preventing y g p g public disclosure.? ❑ Basis for Selection of Contractor? Other Approval Authority: 0✓ Director ❑ Mayor ❑ City Council Other Details: Ties with IT17-108 PRESID10DATE 02/26/2019 M QUOTE: 2003218809315-01 PAGE: 1 of 2 TO: City of Kent,WA FROM: Presidio Networked Solutions Group, LLC Marta Gonzalez Crystal Fisher 220 Fourth Avenue South 10655 NE 4th Street KENT,WA 98032 Suite 212 mgonzalez@kentwa.gov Bellevue,WA 98004 (p)253.856.4627 cfisher@presidio.com (f) 253.856.4700 (p)415.501.9012 Customer#: CITY0594 Account Manager: John Bankson Inside Sales Rep: Crystal Fisher Title: 2019 Smartnet Renewal Description List Price Unit Price • 1 CON-SMARTNET CON-SMARTNET RENEWAL $2,994.52 $2,515.40 1 $2,994.52 $2,515.40 RENEWAL Comments: 'See spreadsheet attached for contract detail' CCWR Quote 351311330 Total List Price: $2,994.52 Sub Total: $2,515.40 Grand Total $2,515.40 M QUOTE: 2003218809315-01 D PRESI10DATE: 02/26/2019 PAGE. 2 of 2 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 simila-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 Orders,Invoicing,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's electronic signature and shall be binding to the extent accepted by Presidio.Presidio's performance of such purchase order shall not constitute Presidio's 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 Presidio the right to invoice CLIENT and authorizes payment to Presidio for the amounts owed.Further, CLIENT represents that Presidio can rely on such CLIENT signature for payment. Presidio shall invoice CLIENT for the Products and/or Services in accordance with 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 Presidio within thirty(30)days from the date of invoice.Except for taxes due on Presidio's net income,CLIENT shall pay all taxes.Presidio reserves the right to bill CLIENT for additional work requested by CLIENT and performed by Presidio,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 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 Presidio'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 Presidio,its reasonable basis for refusal,prior to the expiration of the thirty(30)calendars day period. Presidio 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 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 Presidio,its vendors,and/or its licensors retain all patents and/or copyrights in and to all proprietary data,processes and programs,if any,provided in connection with Services performed hereunder;any Presidio software provided to CLIENT as part of the Services provided shall be subject to the vendor's, licensor's or OEM's copyright and licensing policy. To the extent such software is prepared by Presidio,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 benefit 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 indirectly,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 party agrees to protect the other party's Proprietary and Confidential Information to the same extent that 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,Presidio will have no responsibility for the adequacy or performance of(in)any third party software provided to Presidio under this agreement;(ii)any hardware,and(iii)any services provided by any third party. 7. Non-Solicitation 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 year's salary of the employee's new salary at CLIENT. S. Export Law Compliance. CLIENT has been advised that all Products purchased hereunder and Presidio 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 God 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:hrough 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 resolved through the process of consultation and negotiation shall be brought in a court 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. 11. 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 Presidio 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("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.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 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 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 shall not be affected. Customer hereby authorizes and agrees to make timely payment for products delivered and services rendered,including payments for partial shipments Customer Signature Date PRESID10- Please send payments ' INVOICE: 6013219001130A;w' made payable lot. P.•esidio Networked SWutions Group;LLC DATE: 3.Ir2019 PO Box 677638 Deltas.TX 75267-7638' - PAGE: 1011 Prt?sidio Networked Solutions Group,LLC _ _ - EIN:76-0515249,DUNS:154105-0959 Wire orACH Payments: For questions on this invoice please call: PNC Bank (� Laurence Sebagisha - "_ Acct Eylff ___JJJ:8616159745 (p)781.970.6408,(1)781.970.'435 ABA031000053 iseoagish a@presid io.corn BILL TO: City of Kent,WA City of Kent,WA Axoun PayaDie NNtjy Marta Gonzalez 220 4th Avenue South 400 W Gowe St Ste 122 tY1 KENT.WA 98032 `A A Hf1 O 2 7 2019 KENT,WA 98032 t 7 ANCAE Customer#: CITY0594 Customer POC 150963 OP Account Manager. John 8anksdn Order#.* 30074119001'.0 PaymefltTerms: Net30/ Quolelk 2003218Sp93!501 Title: 2019 Smartriet Renewal rty,�11 Tax Extended •, Price CON-SMARTNET CON-SMARTNET RENEWAL Si,515°' 1 $181.10 S2,515.39 RENEWAL Ship To: City of Kent 400 West Gowe Street Suite 122 Information'ethnology Dept kent,WA 981 Galen Hirsdri Serial W: VARIDUS-11372C DhT 1 Sub Total: $2,515.39 No return merchandise accepted without prior Return Authorization. Misoelareaus: $c.00 All returns subject to a 20%restocking fee. Shipping&Handlieg $C DO If not bifled on this imroice,al:taxes are to be paid by the buyer. Past due balances are subject.to 1.5%pe-month finance charge. Tax: $257.54 GSTIHSTN 75468 2292 RT0001 Trade Discount so co Discrepancies nws!be r ep reported within 5 days of receipt of shipment or shipment will be considered complete. ease send PRESID10 Plmadepayableto: INVOICE: 6013219001130A Presidio Networked Solutions Group,LLC DATE: 3/7/2019 PO Box 677638 Presidio Networked Solutions Group,LLC Dallas,TX 75267-7638 PAGE: 1 of 1 EIN:76-0515249,DUNS:15-405-0959 Wire orACH Payments: For questions on this invoice please call: PNC Bank Laurence Sebagisha Acct:8616159745 (p)781.970.6408,(f)781.970,1435 ABA 031000053 Iebagisha@presidio.com BILL TO: City of Kent,WA SHIP TO: City of Kent,WA Accounts Payable Marta Gonzalez 220 4th Avenue South 400 W Gowe St Ste 122 KENT,WA 98032 KENT,WA 98032 y i Customer#: CITY0594 Customer PO#: 150963 OP Account Manager: John Bankson Order#: 3007411900110 Payment Terms: Net 30 Quote#: 2003218809315-01 Title: 2019 Smartnet Renewal DescriptionPart# OrderedPrice CON-SMARTNET CON-SMARTNET RENEWAL $2,515.39 1 1 $181.10 $2,515.39 RENEWAL Ship To: City of Kent 400 West Gowe Street Suite 122 Information Technology Dept kent,WA 98032 Galen Hirschi Serial#: VARIOUS-1/31/20 Sub Total: $2,515.39 No return merchandise accepted without prior Return Authorization. Miscellaneous: $0.00 All returns subject to a 20%restocking fee. Shipping&Handling: $0.00 If not 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. Tax: $251.54 GST/HST#75468 2292 RT0001 Trade Discount: $0.00 Grand Total: $2,766.93 Discrepancies must be reported within 5 days of receipt of shipment or shipment will be considered complete.