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HomeMy WebLinkAboutCAG2021-167 - Extension - Presidio Networked Solutions Group, LLC - Presidio-OnSSI Video Management Annual Maintenance Renewal - 03/10/2024 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form Dir Asst: • For Approvals,Signatures and Records Management Dir/Dep: KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional) WASHINGTON Sheet forms. Originator: Department: Ikhra Mohamed IT Date Sent: Date Required: 0 01/26/2024 02/02/2024 CL Director or Designee to Sign. Date of Council Approval: Q N/A Budget Account Number: Grant?:Yes ZNo 52001740.64160.1800 Budget? Yes:No Type: N/A Vendor Name: Category: Presidio Networked Solutions Group, LLC License Vendor Number: Sub-Category: = 800752 Extension 0 Project Name: Presidio-OnSSI Video Management Annual Maintenance Renewal E C Project Details:Presidio-OnSSI Video Management annual maintenance renewal, at a cost of _ $5,055.19, including any applicable Washington State Sales Tax, under Director's signature authority. C Agreement Amount: $5 055. 19 Basis for Selection of Contractor: Direct Negotiation *Memo to Mayor must be attached Start Date: 03/10/2024 Termination Date: 03/10/2025 Q Local Business?F--]YesFv(-]No* If meets req uiremen ts per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace. Business License Verification:Yes:ln-Process:Exempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: F]Yes7No CAG2021-167 Comments: <<Signature on attached quote pg. 4/4>> 0 3 0 Mike Carrington, IT Director N 'A�> i Date: <<Date on attached quote pg. 4/4>> c in to the City Clerk's Office Interlocal Agreement has been uploaded to website: ,c«w»373__,0 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 ESID10 . QUOTE: 2003223317363-02 DATE, 01/10/2024 PAGE: 1 of 3 TO: City of Kent,WA FROM: Presidio Networked Solutions Group,LLC Ikhra Mohamed Brandon Uyesugi 220 Fourth Avenue South 6000 Meadows Road KENT,WA 98032-6019 Suite 400 Lake Oswego,OR 97035 (Mohamed@kentwa.gov (p)253-856-4645 buyesugi@presidio.com (p)+1.503.594.0356 SHIP TO: CITY OF KENT 620 W JAMES ST KENT,WA 98032 Customer#: CITY0594 Contract Vehicle: *Open Market Account Manager: Matt Davis Inside Sales Rep: Brandon Uyesugi Title: OnSSI Renewal 2024 Description Unit Price e 1 OC-ULT-B-SMA-E-R Oc Ult Base SMA-Ent-Renewal $307.87 1 $307.87 Comments: 12Months 2 OC-ULT-1C-SMA-E-R Ocu Ult Cam License SMA-Ent-Renewal $46.06 93 $4,283.58 Comments: 12Months Sub Total: $4,591.45 ***Any Tax&Freight Charges will be added/amended at time of billing,as applicable.Sales tax and shipping are estimated and Estimated Tax: $463.74 subject to change. Grand Total: $5,055.19 ESID10 . QUOTE: 2003223317363-02 DATE, 01/10/2024 PAGE: 2 of 3 Quote valid for 30 days.Payment of invoices are due within 30 days from date of invoice unless other terms are issued.Late payments are subject to interest charges of the lesser of 1%% per month or the maximum amount allowed by law.All prices subject to change without notice.Supply subject to availability.This Quote is subject to Presidio's Standard Terms and Conditions below.Any changes to the following Terms and Conditions must be accepted in writing by Presidio, otherwise,CLIENT agrees to be bound by the following Terms and Conditions and pricing contained herein: Pricing Quoted prices exclude applicable taxes.Invoicing will include applicable taxes unless a valid tax exempt certificate is provided. 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. Prices exclude freight,handling or insurance(unless itemized in the quote). Pricing for Professional Services are best-effort estimates only. Actual pricing will be finalized as part of a mutually-agreeable Statement of Work. Invoicing •CLIENT is invoiced for hardware("goods")upon shipment from the manufacturer and shall accept and pay for partial shipments.Software is invoiced upon shipment of media or when download capability is provided.OEM services are billed per the OEM SOW.Presidio services are billed per the Presidio SOW. •Usage-Based Services Terms and Conditions.For Usage-Based Services purchased by CLIENT,Presidio shall invoice CLIENT once a month.Notwithstanding the amounts included on the applicable purchase order,the invoice for Usage-Based Services will vary from month to month based upon CLIENT's usage and CLIENT shall be obligated to pay all charges for the Usage-Based Services used by CLIENT in the previous month.If CLIENT is delinquent in its payment obligations for the Usage-Based Services,then,upon reasonable,prior notice, Presidio reserves the right to suspend or discontinue such services at its sole discretion.CLIENT acknowledges and agrees that such discontinuation or suspension by PRESIDIO will not constitute a breach of PRESIDIO'S obligations to CLIENT. CLIENT agrees to indemnify and hold harmless PRESIDIO for any resulting damages due to the suspension or discontinuation of the Usage-Based Services due to CLIENT's delinquent or non-payment. •Enterprise Software,Licensing and Subscription Services("Enterprise Agreement").For Third-Party-provided,enterprise-based software licensing and services,Presidio shall invoice CLIENT according to the terms of the Enterprise Agreement between CLIENT and the Third Party.If CLIENT is delinquent in its payment obligations hereunder,then,upon reasonable, prior notice,Presidio reserves the right to suspend or discontinue such services at its sole discretion.CLIENT acknowledges and agrees that such discontinuation or suspension by PRESIDIO will not constitute a breach of PRESIDIO'S obligations to CLIENT. CLIENT agrees to indemnify and hold harmless PRESIDIO for any resulting damages due to the suspension or discontinuation of the services due to CLIENT's delinquent or non-payment. Freight,Handling,Shipping CLIENT will be billed for Presidio's and/or the manufacturer's freight charges for shipment of goods. Title/Risk of loss passes to CLIENT Freight on Board(FOB)origin unless otherwise agreed to in writing by Presidio.Orders shipped from a manufacturer to Presidio at CLIENT request for warehousing,configuration,storage or otherwise,shall be deemed to have been shipped to CLIENT. Presidio accepts no responsibility/liability in connection with the shipment. Goods held in a Presidio warehouse either a)at the CLIENT's request or b)in the event CLIENT refuses to accept delivery,may be subject to warehousing fees. Client may be asked to execute a Presidio"Warehousing Agreement".CLIENT must provide primary insurance coverage for CLIENT equipment held in a Presidio warehouse. •International delivery services include(i)Consolidated billing in USD for all international deliveries(ii)Consolidated contracting with one entity,namely Presidio(iii)Single point of contact iv)Freight forwarding including exportation permits,application of tariff headings,customs clearance(including import permits,licenses,certificates)(v)Asset Management,Tracking& Reporting. Warranty and Limitation of Liability •Product is warranted by the Manufacturer,not by Presidio.Please consult Manufacturer for warranty terms.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 PRODUCTS HEREUNDER. Return Policy CLIENTS return rights are subject to the return policies(&fees including restocking)of the applicable manufacturer A Presidio-issued Return Material Authorization(RMA)is required&needs to accompany returned items before any credit is issued to a CLIENT.Presidio reserves the right to deny RMA requests in the event the Manufacturer will not provide for an authorized return.If integration of product is performed at a Presidio facility,transfer of ownership occurs as of inception of integration regardless of shipment terms as manufacturers will not accept return of open product. CLIENTS have 15 calendar days from original ship date to request a RMA(unless shorter period is required by manufacturer) Items returned must be in original shipping cartons,unopened,unused,undamaged and unaltered failing which Presidio is entitled to reject acceptance of items or charge further fees The CLIENT is responsible for shipping fees to the destination highlighted in the RMA Opened software cannot be returned Cancellation Policy •CLIENT's cancellation of purchase order rights are subject to the cancellation policies(&fees)of the applicable manufacturer Leases •In the event Presidio does not receive payment for leased goods purchased on the CLIENT's behalf from the applicable third-party financing entity,CLIENT is obligated to pay Presidio for all such goods as indicated in the applicable Presidio invoice. Software terms Software is subject to the license terms that accompany it. License terms are established between the CLIENT&owner of the software Unless Presidia is the owner or licensor,Presidia makes no representations and/or warranties relating to its operation,ownership or use. Delivery of software licenses are agreed to be accepted in electronic form from the third party software company. Otherwise,you agree to self-accrue any applicable sales tax at the rate in effect for the jurisdiction. Term and Termination of Orders:Usage-Based Services,Enterprise Agreements and Multi-Year Orders •The terms of use for Usage-Based Services(i.e.Cisco-provided WebEx or Software as a Service(Seas))are established by the applicable third-party provider of such services either at the applicable third-party provider website or via the separate agreement between CLIENT and third-party provider. •The"Initial Term"of an order for Usage-Based Services and/or and Enterprise Agreement("Order")starts on the date the Usage-Based Services and/or Enterprise Agreement are available for use by CLIENT and lasts for the time period stated in the Order.After the Initial Term,unless prohibited by applicable law,there will be an automatic"Renewal Term"of the same length of time unless CLIENT notifies Presidio in writing that CLIENT does not want to renew at least sixty(60)days before the end of the then current Initial Term or Renewal Term. If the fees will change for the Renewal Term,Presidio will notify CLIENT reasonably in advance of the Renewal and in time for CLIENT to accept or reject renewing the Usage-Based Services and/or Enterprise Agreement.If CLIENT agrees with the fee changes,CLIENT may do nothing and the new fees will apply for the upcoming Renewal Term. •Either party may terminate an Order by providing the other party written notice of termination at least sixty(60)days before the end of such Initial or Renewal Term.The termination will be effective on the last day of the Initial or Renewal Term and CLIENT will pay for the Usage-Based Services and/or Enterprise Agreement until the end of the current Initial or Renewal Term regardless of when CLIENT provided notice.Notwithstanding the foregoing,Usage-Based Services and Enterprise Agreements ordered are strictly non-cancelable during the Initial Term or Renewal Term except as otherwise provided in the applicable Service Terms and/or otherwise agreed upon in writing by Presidio.CLIENT will not be entitled to any refund for terminated Usage-Based Services or Enterprise Agreements during the Initial Term or Renewal Term except as agreed upon in writing by Provider and/or Presidio Multi-Year Agreements •For multi-year agreements,CLIENT expressly agrees to enter into a binding,non-cancelable agreement per the billing schedule set forth in the quote. THE CLIENT ACKNOWLEDGES AND AGREES THAT THE CLIENT'S AGREEMENT AND PAYMENTS FOR A MULTI-YEAR TRANSACTION ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES FOR MULTI-YEAR AGREEMENTS,SUCH THAT PRESIDIO WOULD NOT HAVE ENTERED INTO A MULTI-YEAR TRANSACTION WITHOUT SUCH AGREEMENT. SmartNet(Third party Maintenance) ESID10. QUOTE: 2003223317363-02 DATE, 01/10/2024 PAGE: 3 of 3 CLIENTS rights are subject to the terms provided by the applicable manufacturer.(per website address) Delivery of software maintenance,including upgrades and updates are agreed to be accepted electronically.Otherwise,you agree to self-accrue applicable sales tax. Confidential Information. •CLIENT agrees that this quote is Presidio Confidential Information.CLIENT shall not disclose this quote to any third party for any purpose. CLIENT agrees to protect this Quote to the same extent that it protects its own Confidential Information,but with no less than a reasonable degree of care. Export Law Compliance. •CLIENT has been advised that any hardware or software provided to CLIENT via this Quote and/or subsequent purchase order may be 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. Miscellaneous Terms •Preprinted terms appearing on CLIENT Purchase Orders must be accepted in writing by Presidio to be applicable.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. Customer hereby authorizes and agrees to make timely payment for products delivered and services rendered,including,payments for partial shipments (; � Jan 26, 2024 Customer Signature Date MC TO SIGN Presidio OnSSI renewal Final Audit Report 2024-01-26 Created: 2024-01-26 By: Ikhra Mohamed(imohamed@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAbMZH24vWyV9Y8Y4d4Na1GBdDuuwZ390P WC TO SIGN_Presidio OnSSI renewal" History Document created by Ikhra Mohamed (imohamed@kentwa.gov) 2024-01-26-5:19:55 PM GMT Document emailed to Mike Carrington (mcarrington@kentwa.gov)for signature 2024-01-26-5:20:43 PM GMT Email viewed by Mike Carrington (mcarrington@kentwa.gov) 2024-01-26-7:29:08 PM GMT Document e-signed by Mike Carrington (mcarrington@kentwa.gov) Signature Date:2024-01-26-7:29:35 PM GMT-Time Source:server Agreement completed. 2024-01-26-7:29:35 PM GMT Powered by Adobe L�KEN7 Acrobat Sign