HomeMy WebLinkAboutIT15-383 - Extension - Presidio Networked Solutions Group, Inc. - 2020 CommVault Software Premier Support Coverage - 12/06/2019ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
Director or Designee Mayor
Date of Council Approval:
Grant? Yes No
Type:Review/Signatures/RoutingDate Received by City Attorney:
Comments:
Date Routed to the Mayor’s Office:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? Yes No*
*If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
Yes No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
Budget Account Number:
Budget? Yes No
Dir Asst:
Sup/Mgr:
Dir/Dep:
rev. 200821
FOR CITY OF KENT OFFICIAL USE ONLY
REQUEST FOR MAYOR'S SIGNATURE
Purchase Order Only – Print on Yellow Paper
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 Director
Originator: Phone (Originator):
Date Sent: Date Required:
Return Signed Document to: Contract Termination Date:
VENDOR NAME: Date Finance Notified:
(Only required on contracts
$10,000 and over or on any Grant)
DATE OF COUNCIL APPROVAL: Date Risk Manager Notified:
Specifically Authorized in Budget? YES NO Account Number:
Brief Explanation of Document:
Shaded Areas to Be Completed By Administration Staff
P:\Civil\Forms\Document Processing\Request for Mayor's Signature Purchase Order.docx
Received:
Recommendations and Comments:
Disposition:
Date Returned:
KENT
REQUEST FOR MAYOR'S SIGNATURE
Purchase Order Only - Print on Yellow Paper
Please Fill in All Applicable Boxes
ALL REQUESTS ARE ROUTED DIRECTLY TO THE MAYOR AND RETURNED TO THE ORIGINATING DEPAR.MENT
DO NOT ROUTE TO CLERK'S OFFICE
Approved by O7r r
-4&
Originator: Lynnette Smith
Date Sent: 12/06/19
Phone (Originator): x4602
Date Required: 12/06/19
Return Signed Document to: Lynnette Smith
Contract Termination Date: 12/05/19
VENDOR NAME:
Presidio Networked Solutions Group, LLC
Date Finance Notified:
(Only required on contracts N/A
10 000 and over or on any Grant
DATE OF COUNCIL APPROVAL:
Date Risk Manager Notified: N/A
Specifically Authorized in Budget? OYES ® NO
I Account Number: 52001740.64830.1800
Brief Explanation of Document:
Please sign PO#155953 - Commvault Software Premium Support Coverage renewal
Term: 12/06/19-12/05/20
Cost: $42,998.56
Budgeted in IT's 2019 Maintenance budget
Shaded Areas to Be Completed By Administration Staff
Received:
Recommendations and Comments:
Disposition:
Date Returned:
v-4' ecoISa
PRESID10.
TO: City of Kent, WA
Accounts Payable
220 Fourth Avenue South
KENT, WA 98032-6019
AP@kentwa.gov
(p) 253-856-5200
BILL TO: - City of Kent, WA
Accounts Payable
220 4th Avenue South
KENT, WA 98032-6019
AP@kentwa.gov
(p) 253-856-5200
Customer#: CITY0594
Account Manager: Matt Davis
Inside Sales Rep: Brandon Uyesugi
Title: City of Kent Commvault Renewal 2019
QUOTE: 2003219915824-01
DATE: 11/26/2019
PAGE: 1 of 2
FROM: Presidio Networked Solutions Group, LLC
Brandon Uyesugi
10655 NE 4th Street
Suite 212
Bellevue, WA 98004
buyesugi@presidio.com
SHIP TO: City of Kent
Jeff Callahan
220 4th Avenue South
Kent, WA 98032-6019
jallahan@KentWa.gov
(p) 253-856-4615
# Part # Description Unit Price City Ext Price
1 S-PREM-RNWL CommVault Software Premium Support Coverage:(24 hours a day, 7 days a $39,089.60 1 $39,089.60
week): for 12 mo(s)
Start Date: 12/06/2019
End Date: 12/05/2020
Comments: CommCell ID #: F964F
Sub Total: $39,089.60
—Any Tax & Freight Charges will be addedlamended at time of billing, as applicable. Sales tax and shipping are estimated and Estimated Tax: $3,908.96
subject to change.
Grand Total: $42,998.56
AmnnROVED
7 i DATE:,
DMA �.k 1wa +_0
atair- +�
PRESIDIO,,.
QUOTE:
2003219915824-01
DATE:
PAGE:
11/26/2019
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 d 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 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 vendors,
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 CLIENT'S 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 years salary of the employee's new salary at CLIENT.
8. 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 Stale
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 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 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 forth ("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
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