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HomeMy WebLinkAboutCAG2024-081 - Original - TechSol LLC - Ripplestone Singe Server License + Support & Maintenance - 01/29/2018 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: > 02/02/2024 02/09/2024 CL Director or Designee to Sign. Date of Council Approval: Q N/A Budget Account Number: Grant?[:]YesZNo 52001770.64160.1800 Budget?R]Yes:No Type: N/A Vendor Name: Category: TechSol LLC License Vendor Number: Sub-Category: = 1698852 Original 0 Project Name: Ripplestone Single Server License + Support & Maintenance - Initial Procurement E C Project Details:Initial procurement of Ripplestone Single Server license and Support + Maintenance, = at a cost of $4,620, including any applicable Washington State Use Tax, under Director's signature authority. C d Agreement Amount: $4 6 20 Basis for Selection of Contractor: Direct Negotiation `Memo to Mayor must be attached Start Date: 01/29/2018 Termination Date: 01/28/2019 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: F1Yes�✓ No CAG2024-081 Comments: <<Purchase already authorized by IT-Director, signature not required.>> _ 0 a� H •� i N 3 f0 C V1 Date Routed to the City Clerk's Office: 2/22/24 Interlocal Agreement has been uploaded to website: adccW22313_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 RiPPLESTONE TechSol LLC 220 Della Vista Drive Invoice Hailey, Idaho 83333 U.S.A Invoice#TechSol1923 Balance Due $4,200.00 Bill To City of Kent Account Payable 220 Fourth Ave South Kent,Washington 98032 Ship To Invoice Date : 05 Feb 2018 City of Kent Terms : Net 30 Information Technology 400 West Gowe St Due Date : 07 Mar 2018 Suite 122 Kent,WA 98032 P.O.# : 143430 Item&Description Qty Rate Amount Ripplestone Single Server License 1.00 3,500.00 3,500.00 Ripplestone Single Server License Ripplestone Support and Maintenance 1.00 700.00 700.00 Single Server Support and Maintenance Sub Total 4,200.00 Total $4,200.00 Balance Due $4,200.00 Notes Thank you for using Ripplestone Payment Options PayPal For Wire Transfers: US Bank 314 North Main Street Hailey, ID 83333 Account/Beneficiary Name:TechSol LLC Routing Number: 102 000 021 Account Number: 1036 5572 7784 Swift Code: USBKUS441MT Your purchase of Ripplestone is subject to the following terms and conditions: 1. By installing and using Ripplestone software, you agree to the following with respect to the Ripplestone software: a. Ripplestone is protected by copyright and other intellectual property laws and treaties. TechSol LLC owns the title, copyright, and other intellectual property rights in the software. Ripplestone is licensed, not sold. You may not reverse engineer, decompile, or disassemble the software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. TechSol LLC reserves all rights not expressly granted in the Ripplestone software. b. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TECHSOL LLC PROVIDES THE SOFTWARE AND SUPPORT SERVICES (IF ANY)AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. C. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TECHSOL LLC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER)ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF TECHSOL LLC OR ANY SUPPLIER, AND EVEN IF TECHSOL LLC OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. d. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF TECHSOL LLC UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.