HomeMy WebLinkAboutCAG2023-402 - Extension - Siemens Industry, Inc. - Simatic Maintenance Renewal - 06/27/2024 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:
c 06/18/2024 06/25/2024
CL Director or Designee to Sign. Date of Council Approval:
Q N/A
Budget Account Number: Grant?:Yes ZNo
52001730.64160.1800
Budget? Yes:No Type: N/A
Vendor Name: Category:
E&M Electric and Machinery Contract
Vendor Number: Sub-Category:
= 1927207 Extension
0
-110 Project Name: Siemens Simatic Software Maintenance Renewal
E
C Project Details:Annual renewal of Siemens Simatic Software maintenance renewal, at a cost of
_ $2,413.38, including any applicable Washington State Use Tax, under Director's
signature authority.
C
Agreement Amount: $2 413.38 Basis for Selection of Contractor: Direct Negotiation
*Memo to Mayor must be attached
Start Date: 06/27/2024 Termination Date: 06/26/2025
Q Local Business?F--]YesFv(-]No* If meets requirements per KCC3.70.100,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 CAG2023-402
Comments:
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i�Duc.�uextfc DSD 711;�z Cr�tai
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3 0 Tara Duckworth on behalf of Mike Carrington
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N y
Date: 06/18/24
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in
Date Routed 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
126 Mill Street
Healdsburg, CA 95448 QUOTE 319427.1 CTYKE
(866)MyEandM
(866)693-2636 Siemens SUS#3167-3170 Renewal - Exp. 6/26/24
06/13/2024 Direct
Y
Revising
Attn: Ian Beckstrom
CITY OF KENT
Ship To: CITY OF KENT direct ( ) -
220 4TH AVE S
KENT, WA 98032 fax
From: Israel Rivas
Bill To: CITY OF KENT israel.rivas(c�eandm.com
220 4TH AVE S direct (707)473-3103
KENT, WA 98032 main (866)693-2636
fax (707)473-3190
Thank you for the opportunity to offer you this quote!
*Siemens Software Update Service Renewal Notice*
According to our records your Siemens Software Update Service for your WinCC Adv and STEP 7 Pro software will expire on
6/26/24
To prevent your contract from expiring, please contact me via email or call me directly at (707) 473-3103. Your contract must
be renewed BEFORE the expiration date mentioned above to avoid a lapse in service.
Siemens Software Upgrade Service is annual coverage that will automatically send you all services packs, hot fixes and any
new version upgrades at no charge.
*Please note that once your contract is renewed, you may receive a notice regarding cancellation of an auto renewal. This is
just to notify you that your contract is not set to auto renew on an annual basis, but it will still be in effect through the end of
its annual term. Currently, there is no way to accept a purchase order for a recurring auto renewal.
If you have any questions, please do not hesitate to ask.
Interested in additional training? Please visit our websites and view our events schedule at http://www.eandm.com
Access the status of your order on our Online Order Status system!! Just click on the link contained in your order
confirmation to begin the login process. Once signed up you can access via http://www.eandm.com.
Quantity Part Number/Description Availability" Tax Price Extension
2 6AV6613-OAAOO-OAYO 2 Estimated 3-4 Days N $330.00 $660.00
Liner SUS#3167, 3168 SIMATIC WINCC
ADVANCED SUS DL-Exp. 6/26/25
2 6ES7810-5CC04-OYY2 2 Estimated 3-4 Days N $765,00 $1,530,00
Line:2 SUS#3169, 3170SIMATIC STEP 7 PROF.
COMBO SUS DL-Exp. 6/26/25
Sub-Total $2,190.00
PO Number:
Duration: This quote is valid for 30 days. FOB:Healdsburg,CA
Freight: Prepaid and Add
Terms: Net 30 Days www.eandm.com
Pages: 1 of 2 Remit to: 126 Mill Street, Healdsburg,CA 95448
126 Mill Street
Healdsburg, CA 95448 QUOTE 319427.1 CTYKE
(866)MyEandM
(866)693-2636 Siemens SUS#3167-3170 Renewal - Exp. 6/26/24
06/13/2024 Direct
Y
Revising
Attn: Ian Beckstrom
CITY OF KENT
Ship To: CITY OF KENT direct ( ) -
220 4TH AVE S
KENT, WA 98032 fax
From: Israel Rivas
Bill To: CITY OF KENT israel.rivas(a)eandm.com
220 4TH AVE S direct (707)473-3103
KENT, WA 98032 main (866)693-2636
fax (707)473-3190
Base Quotation Pricing Summary Taxable: $0.00
Availability: Non-Taxable: $2,190.00
Part availability is subject to change and is based on the availability at the time this quote was created.
Time in transit is subject to change depending on the"Ship To"address that is provided by the customer at the time the order
is placed and the method in which customer requests that the part(s)ship. Subtotal: $2,190.00
For"In Stock"parts,orders must be received by 3:OOPM PST to ship same day. .ax(10.20%): $0.00
For Factory Stock parts,please allow approximately one week for delivery via our standard shipping methods.
Freight: TBD
Freight is NOT included in this total. Your final invoice may include freight charges. TOTAL: $2,190.00
This line item is not returnable and cannot be cancelled after the order is placed.
PO Number:
Duration: This quote is valid for 30 days. FOB:Healdsburg,CA
Freight: Prepaid and Add
Terms: Net 30 Days www.eandm.com
Pages: 2 of 2 Remit to: 126 Mill Street, Healdsburg,CA 95448
EandM Terms and Conditions
Disclaimer and Limitation of Liability Term of Proposal
The software code components quoted herein This proposal is valid for 60 days from the date of the latest
revision listed in the revision section of this document.
are offered with a 3 months warranty as Indemnification
described below. The hardware components Customer agrees to indemnify and hold EandM harmless from
and Software IICenSeS quoted herein are any and all liability and damages, real or alleged,arising from
this contract, including reasonable attorney fees and costs,
provided With the original equipment except for liability arising solely from the negligence of EandM.
manufacturers warranty period. No oral or Governing Law
All rights and obligations of EandM and Customer arising
written information or advice given by EandM
hereunder, and any claim and cross-claim arising herefrom,
Or Its authorized representatives shall create whether in tort, contract, equity or otherwise, shall be
any additional warranty Or in any way increase governed by, and determined in accordance with, the laws of
or enlarge the scope of EandM liability the State of California. If any civil action is commenced to
enforce, interpret, determine the legality or applicability of the
hereunder. terms and conditions set forth herein, or otherwise, EandM
TO the maximum extent permitted by and Customer agree that jurisdiction and venue for said action
applicable law, EandM disclaims all Other shall be the Superior Court of the State of California,County of
Sonoma.
warranties, including without limitation any Severability Provision
implied warranties of merchantability, fitness If any term or provision herein is subsequently determined by
for a particular purpose, title and a court of competent jurisdiction to be invalid or unenforceable,
for any reason, the remaining provisions shall otherwise
non infringement. The entire risk arising out of remain in full force and effect. If any provision of this
the use, inability to use, or performance of the Agreement shall be found by a court to be void, invalid, or
hardware and software quoted herein remains unenforceable, the same shall be reformed to comply with
applicable law or stricken if not conformable, as not to affect
With Customer. the validity or enforceability of this Agreement.
To the maximum extent permitted by Structured Payment
applicable law, in no event shall EandM Or its Whether labeled milestone payments, deliverable payments,
or any other similar nomenclature. Any form of apportioned
authorized representatives be liable for any payment(s), as defined in Billing Schedule of this proposal,
reliance, consequential, incidental, direct, shall create a dependent covenant for any continued
indirect, special, compensatory, punitive or conjunctional service provided by EandM. Apportioned
payment(s) are defined within the Billing Schedule of this
other damages, including, but not limited to, proposal. Unless otherwise agreed to, by means of
damages for personal injury, property and memorandum bearing the signature of all parties, request for
equipment damage, inconvenience, IOSS Of compensation for each apportioned payment will be either: A
separated invoice or a separate line item on a common
business profits, business interruption, loss Of invoice. Prior to issuance of invoice Customer will receive a
business information, or any other pecuniary payment release form to review. The payment release form
will serve as notice that deliverables, if any, for this
loss arising from Customer's Use, or inability to
apportioned payment have been substantially completed. The
use, the hardware and software. Additionally, order of apportioned payment listing in Billing Schedule does
EandM is not privy to, and hereby disclaims all not imply,and should not be construed to be an order of which
liability associated with any form of liquidated invoices will be dispatched, or an order of which payment is
made. Failure of Customer to tender timely compensation for
damages that may be Suffered by Customer. any request for apportioned payment will suspend EandM's
Because some states/jurisdictions do not allow duty to provide, or continue to provide any services offered in
the eXCIUSIOn Or limitation Of liability for relation to this proposal. Upon failure of Customer to make
timely compensation of any requested apportioned payment
consequential or incidental damages, the as defined in Billing Schedule, EandM reserves the right to
above limitations may not apply to Customer. suspend any service in progress,or future services, in relation
Notwithstanding anything contained herein, in to this proposal; Services subject to suspension are typically,
but are not limited to,on-site installation, providing equipment,
no event shall EandM be liable to Customer for shipment of goods, providing training, providing
any claim in tort, contract, equity Or otherwise documentation, scheduled installations, consulting, clearing
arising in connection with the use Or inability to punch-list items,customer support,system assistance,design,
and development. This list is for example purposes only and
use the hardware and software quoted herein is not intended to be all inclusive. Suspension of performance,
that exceeds in the aggregate the amount paid in any capacity or form, by EandM will not effect the warranty
to EandM for said hardware and software. period.
Signoff for Installation
Terms and Conditions Installation of the system will not start until Customer has been
Please reconfirm all pricing before issuing a purchase order. If presented with and signed off on the design description or
applicable, all purchase orders must explicitly reference the specification, updated with those changes that typically occur
proposal number shown on the title page of this proposal. during the analysis,design or development phase.
Invoicing Terms Beneficial Use
EandM, E&M Electric, Inc., E&M PSG and E&M SIG, For the purposes of this proposal, beneficial use is defined as
(hereinafter EandM) standard terms are Net 30 with no 8 hours of productive usage, including but not limited to,
discount for early payment. Any unpaid portions beyond 30 normal operation, production, demonstration, training, or any
days are assessed a finance charge of 1.5%per month, 18% other usage which may be construed as in furtherance of
annually. Customer's, or End User's goals with ten percent or less of
downtime.
20050921
EandM Terms and Conditions
Downtime Change Orders
For the purpose of this proposal, downtime is defined as a Enhancements will be purchased under a separate purchase
time period where because of a major error the Customer or order and all scheduling impacts will be mutually agreed upon.
End User is substantially prevented from using the system. Change orders will be billed separately from the Billing
Errors which remedy themselves or self-clearing errors are not Schedule.
considered major errors and will not be considered to Exclusions
contribute to the downtime period. Errors which require minor All items not specifically included in this proposal are excluded
user interaction to remedy will not be considered to contribute from this proposal and are either the responsibility of the
to the downtime period, unless chronic. Any error which does Customer or will require a change order for inclusion in the
not directly affect the primary purpose of the system is not scope of this proposal. These items include but are not limited
considered a major error and will not be considered to to, user's manuals (other than third party supplied manuals),
contribute to the downtime period. Any errors in printed or electrical wiring installation, cabling installation, electrical field
viewed reports, statistical calculations, or graphical displays devices,signage,electrical outlets,furniture, applicable taxes,
are not considered major errors and will not be considered to permits, permit fees, building or code inspections, and bonds
contribute to the downtime period, unless reports, statistical or fees for bonds.
calculations or graphical displays are the primary purpose of Taxes
the system. All applicable state and federal taxes will be billed to the
EandM as Sub-Contractor customer as incurred and are not included in this quotation.
In the event that Customer is not the End User or EandM is a Freight
sub-contractor,acceptance will be governed by the provisions All freight charges will be billed to the customer as incurred
listed above. In addition, In the event that that system testing and are not included in this quotation.
is not possible because of events outside control of EandM, Written Assent to Additional Terms Required
unless Customer can demonstrate a substantial defect, This proposal/quote is subject to acceptance only upon the
Customer will be considered to have accepted the system terms and conditions stated herein. All additional or different
thirty days after notification of completion by EandM. terms and conditions proposed by Customer, (offeree) are
End User payment to,or receipt of payment by Customer shall hereby rejected and shall be of no force or effect. Any
not be considered a condition precedent for payment(s)due to additional terms and conditions proposed will not be
EandM.That is,any compensation due to Customer by a third considered part of the contract unless expressly assented to in
party,for any reason,shall not be a condition of any payment writing by EandM. There shall be no contract formed except
due to EandM. upon the terms and conditions provided in this offer.
Acceptance In lieu of signing and returning this document, issuance of a
Ten days, or eighty hours of beneficial use will constitute signed purchase order by the Customer for the work described
Acceptance by Customer. Alternatively, at any time Customer herein shall represent acceptance of the terms and conditions
can expressly proffer acceptance meaning that they agree that contained herein.
in scope and quality the system performs to and in accordance Back Charges
with this Proposal,a Controls Description,Specification or any EandM will not accept nor have liability for any Back
other similar document can expressly proffer Acceptance. Charges from Customer unless a request has been
When EandM feels the system is ready to be accepted, it will submitted in writing in advance,and the validity and amount
deliver a letter to Customer requesting a formal sign-off at the of Back Charges has been authorized by EandM.
bottom of the letter indicating acceptance; however ten days, Assignment
or eighty hours of beneficial use by Customer use will (a)Except as permitted by subsection(b),this Agreement is
constitute acceptance by Customer. Acceptance does not not assignable without the express written consent of EandM.
relieve EandM of its obligations to continue to monitor and (b)If Customer sells all or any part of the business,Customer
work on Punch List items as per the terms of the Warranty may as part of any such sale assign this Agreement to the
Period. purchaser,and in that event the purchaser shall be entitled to
System Non-Usage enforce this Agreement and shall be liable under this
In the event that the system is not used because of any reason Agreement in the same manner and to the same extent as
beyond the control of EandM, unless Customer can Customer,(current customer.) The assignment is not
demonstrate a substantial defect,Customer will be considered considered complete unless the new owner notifies EandM of
to have accepted the system thirty days after notification of said assignment within thirty days of business transfer or sale.
completion by EandM. This provision expressly includes Failure to notify EandM of assignment,as previously specified,
situations where, because of events beyond the control of will result in a forfeiture of Customers rights under this
EandM, EandM is prevented from installing,commissioning or contract.
fully testing the system. Schedule Changes
Punch Lists Any changes in an arranged schedule made within seventy-
Customer will maintain a written "punch list" consisting of two business hours of the, or any, scheduled event at issue
outstanding controls issues and items relating to work that has will result in a minimum service charge of 8 Base Labor Rate
been completed, tested, installed and subsequently found to hours for each engineer.
have a functional problem or deficiency. A Punch List with
multiple items is a normal part of any system installation. The
existence of clean or cleared Punch List shall not be
considered a condition precedent to Acceptance. Customer
will, within 80 hours of usage, supply a copy of this list, with
priorities assigned to each item for correction, to EandM.
EandM is only responsible for correcting the items shown on
the Punch List. Items cannot be added to the Punch List upon
the completion of the warranty period. EandM will indicate to
Customer when an item has been corrected. Both EandM and
Customer will test the item and sign the item off as complete if
the test is completed satisfactorily.
Warranty Period
Warranty support of the system extends for 3 months of 8 hour
days, 5 day per weeks or 520 hours, whichever occurs first,
beyond Beneficial Use or acceptance of the system by the
customer of the functions described in the specification.
20050921
TD TO SIGN E&M Simatic renewal
Final Audit Report 2024-06-18
Created: 2024-06-18
By: Ikhra Mohamed(imohamed@kentwa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAcAQQ_IuT4Qz5auURaj6hiNFkAjTT5Gsh
"TD TO SIGN_E&M Simatic renewal" History
Document created by Ikhra Mohamed (imohamed@kentwa.gov)
2024-06-18-5:04:11 PM GMT
Document emailed to Tara Duckworth (tuckworth@kentwa.gov) for signature
2024-06-18-5:04:17 PM GMT
Email viewed by Tara Duckworth (tuckworth@kentwa.gov)
2024-06-18-5:07:44 PM GMT
Document e-signed by Tara Duckworth (tuckworth@kentwa.gov)
Signature Date:2024-06-18-5:08:04 PM GMT-Time Source:server
Agreement completed.
2024-06-18-5:08:04 PM GMT
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