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Info-Tech Research Group; 2021-07-14;
City of Carlsbad Service Proposal Elysa Oryshak Vice President of Member Support eoryshak@infotech.com 1-888-670-8889 ext.3164 June 11, 2021 Page 1 of 4 DocuSign Envelope ID: EB1B5EE1-3360-4AD1-A6C2-54D3FC3B04A2 Hi Maria, On behalf of our entire team at Info-Tech Research Group, I am pleased topresent this proposal for IT Research and Advisory services to you and your IT department at City of Carlsbad. Info-Tech's IT Research and Advisory membership provides you with access to our powerful diagnostic tools and key research to help you systematicallyimprove your IT department’s performance. To help you maximize the impact of your membership, we also provide anunmatched level of member service. I welcome the opportunity to work with you and your IT executives at City of Carlsbad. Should you have questions at any time, please contact me directly at your convenience. Sincerely, Elysa Oryshak Vice President of Member Supporteoryshak@infotech.com 1-888-670-8889 ext.3164 Info-Tech Research Group 3960 Howard Hughes ParkwaySuite 500, Las Vegas, NV, USA 89169 infotech.com Page 2 of 4 DocuSign Envelope ID: EB1B5EE1-3360-4AD1-A6C2-54D3FC3B04A2 SERVICE AGREEMENT WITH INFO-TECH RESEARCH GROUP Service Start Date: July 18, 2021 || Contract Length: 1-yearContact: Maria Callander City of Carlsbad Product Bundle Options Description Quantity Subtotal Total Leadership Membership See below for your selected bundle products Leadership Membership 1.00 $22,972.29 $22,972.29 Team Seat Includes Premium access to Industry and Technology coverage with Full Web Research Access 4.00 Reference Membership Access to core research content - project blueprints, Info- Tech Academy, software selection content, tools and templates library 6.00 $0.00 $0.00 Workshop Membership Workshop included with Membership 1.00 $13,898.24 $13,898.24 Total:$36,870.53 All items stated on this document are in USD. Page 3 of 4 DocuSign Envelope ID: EB1B5EE1-3360-4AD1-A6C2-54D3FC3B04A2 GSA # GS-35F-298GA GSA Eligible products payment terms: Net 30 Unless otherwise stated, consulting and workshop engagements do not include travel and expenses, which will be charged in addition to the fees listed. Workshops purchased as part of membership expire without refund or credit at the end of the membership period covered by the purchase. Workshops purchased outside membership expire without refund or credit 1-year after purchase. Please work with your member services representative to select & schedule workshops prior to expiration. Subject to applicable taxes. If your company is tax exempt, please provide a valid tax exemption certificate with the signed proposal. Terms of Use are available at: http://www.infotech.com/terms (“Terms of Use”). Unless agreed to in writing, any customer terms, including purchase order terms and conditions, are of no force or effect. By signing this Service Agreement, you agree to pay the fees set out herein annually for the term indicated. This proposal has a definite expiry date of July 18, 2021. Please return this signed Service Agreement to Info-Tech by DocuSign, email eoryshak@infotech.com or fax (1-519-432-2506). Please include PO if required. Thank you for your business! _________________________________________________________________________________________________________________ The signature below affirms your commitment to pay for the services ordered in accordance with the terms of this service agreement and in accordance with the Terms of Use. If you are tax exempt, please provide tax exemption certificate. Name _______________________________Signature _____________________________ Title _________________________________Date _________________________________ Page 4 of 4 APPROVED AS TO FORM Celia Brewer, City Attorney BY: _______________________ Assistant City Attorney ATTEST: ______________________FOR BARBARA ENGELSON City Clerk Geoff Patnoe Assistant City Manager DocuSign Envelope ID: EB1B5EE1-3360-4AD1-A6C2-54D3FC3B04A2 7/14/2021 Info-Tech Research Group Standard Terms of Use This document states the terms and conditions under which you may use this website and the Services, which are the property of Info-Tech Research Group Inc. ("Info-Tech"). Your use of this site and the Services constitutes acceptance of these terms and conditions. 1. General Use Restrictions Info-Tech services, advice, materials, products, websites and network (collectively the "Services") are to be used for the User's (meaning a named individual user that uses the publicly available Services, or is authorized by Info-Tech in a service agreement to use the Services that require paid access) use and benefit only pursuant to the terms and limitations of the paid subscription and may not be disclosed, disseminated or distributed to any other party, except as Info-Tech otherwise agrees in writing. The User will not circumvent any encryption or otherwise gain access to Services for which the User has not been expressly granted the appropriate rights of access. The User will not use the Services for or knowingly transmit to Info-Tech or upload to any Info-Tech site or network any illegal, improper or unacceptable material or use them for illegal, improper or unacceptable practices including without limitation the dissemination of any defamatory, fraudulent, infringing, abusive, lewd, obscene or pornographic material, viruses, trojan horses, time bombs, worms, or other harmful code designed to interrupt, destroy, or limit the function of any software, hardware or communications equipment, unsolicited mass email or other internet based advertising campaigns, privacy breaches, denial of use attacks, spoofing, or impersonation. 2. Copyright The Services are © Info-Tech Research Group Inc. All rights reserved. The Services are owned by and copyrighted by Info-Tech and other parties and may contain trademarks of Info-Tech or others. They are protected by Canadian, U.S. and international copyright and trademark laws and conventions. User may use the Services solely for his or her own information purposes pursuant to the terms and limitations of the paid subscription. The User may download any of the Service's tools or templates for his or her individual use, but may not distribute any articles, tools, templates or blueprints internally, subject to the exceptions below. The User may create derivative works from the Service's tools or templates and distribute these for internal use but may not distribute these derivative works internally or externally for any commercial or resale purposes. DocuSign Envelope ID: EB1B5EE1-3360-4AD1-A6C2-54D3FC3B04A2 Info-Tech is proud of and believes in the value of the Services it provides to Users. Info-Tech also appreciates referrals that Users generate by forwarding articles, tools and templates downloaded from the Services to non-Users. 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Any other reproduction or dissemination of the Services in any form or by any means is forbidden without Info-Tech's written permission, and without limiting the generality of the foregoing, the User will not: A. record and re-transmit the Service over any network (including any local area network), except as otherwise stated above; B. use any Service in any timesharing, service bureau, bulletin board or similar arrangement or public display; C. post any Service to any other online service (including bulletin boards or the Internet); D. sublicense, lease, sell, offer for sale or assign the Service; or E. use Info-Tech's name or any excerpts from the Services in the promotion of its products or services. 3. Users Users must be authorized to use the Services by Info-Tech. Users must maintain and protect the confidentiality of any password(s) and are responsible to ensure that the passwords are effective. Users shall advise Info-Tech immediately if they discover that their password has been compromised, at the following number 1-888-670-8889. 4. User Submissions DocuSign Envelope ID: EB1B5EE1-3360-4AD1-A6C2-54D3FC3B04A2 Info-Tech's research services include the ability for clients to contribute content for publication on Info-Tech's websites. If your account is used to submit, post, or add content to Info-Tech's websites, (collectively, "User Submissions"), you agree to accept sole responsibility for those User Submissions, including the information, statements, facts, and material contained in any form or medium (e.g., text, audio, video, and photographic) therein. 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Because Info-Tech's Web sites are available to the public, we cannot guarantee that User Submissions on Info-Tech's Web sites will remain confidential. Although you are solely responsible for the content you provide and we do not have a policy of reviewing or monitoring all User Submissions, we reserve the right to pre-screen and/or monitor User Submissions. If we become aware of User Submissions that violate these Terms of Service or that we believe to be otherwise objectionable, we may reject or delete them, or take other action, without notice to you and in our sole discretion. If you believe that any User Submissions appear to violate these Terms of Service, or if you believe any other user is engaged in illegal, harassing, or objectionable behavior, please contact us. 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However, the Receiving Party may disclose the Confidential Information to a third party who has a need to know the Confidential Information and (i) is an accountant, attorney, DocuSign Envelope ID: EB1B5EE1-3360-4AD1-A6C2-54D3FC3B04A2 underwriter or advisor under a duty of confidentiality; or (ii) is under a written obligation of confidentiality at least as restrictive as this Agreement and to the extent required by law. 6. Term Many of the Services are "subscription" services that have a fixed Term and must be renewed in writing at the end of the term for services to continue. Contractual term of membership is generally one (1) to three (3) years in length and is agreed to by the parties in writing. Workshops purchased as part of membership expire without refund or credit at the end of the membership period covered by the purchase. Workshops purchased outside membership expire without refund or credit one (1) year after purchase. Info-Tech may terminate a User's access at any time if the User or the entity paying for the User's access violates the terms of use or subscription or any other agreement with Info-Tech. 7. Cancellation Info-Tech Services cannot be terminated by the User during a contractual term. 8. Changes Info-Tech may change or discontinue any aspect of its Services at any time, including content or features. Info-Tech also reserves the right to change the terms and conditions applicable to use of the Services. Use of the Services after such changes shall be deemed to be acceptance by User of such changes. These terms were last revised on May 29, 2020. 9. Accuracy of Information and Warranty The information contained in the Services has been obtained from sources believed to be reliable, but Info-Tech does not warrant the completeness, timeliness or accuracy of any information contained in the Services. The Services are intended to: help identify business risks; provide insights based on industry research; and to help you focus on certain matters which may be affecting your business. Info-Tech does not provide legal, accounting or other professional advice, nor should any advice from Info-Tech be construed as such. We encourage you to seek professional advice whenever necessary. Info-Tech expressly excludes and disclaims all express or implied conditions, representations and warranties including, without limitation, any implied warranties or conditions of merchantability or fitness for a particular purpose, to the extent allowable by law. Although Info-Tech takes reasonable steps to screen Services for infection by viruses, worms, Trojan horses or other code manifesting contaminating or destructive properties before making the Services available, Info-Tech cannot guarantee that any Service will be free of infection. 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The User acknowledges that Info-Tech has set its prices and sold the Services to it in reliance on the limitations of liability and disclaimers of warranties and damages set forth herein, and that the same form a fundamental and essential basis of the bargain between the parties. They shall apply even if the contract between the User and Info-Tech is found to have failed in its fundamental or essential purpose or has been fundamentally breached. 11. Links to Third-Party Sites Any third-party sites that are linked to the Services are not under Info-Tech's control. Info-Tech is not responsible for anything on the linked sites, including without limitation any content, links to other sites, any changes to those sites, or any policies those sites may have. Info-Tech provides links as a convenience only and such links do not imply any endorsement by Info-Tech of those sites. 12. Investment Advice The Services are not intended to be used for the purpose of, or as a basis for, making investment decisions or recommendations with respect to securities of any company or industry and Info-Tech assumes no liability for decisions made, in whole or in part, on the basis of any information contained in the Services. 13. Governing Law This site and agreement are governed by the laws of the Province of Ontario, Canada, excluding any conflicts of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any legal action against Info-Tech DocuSign Envelope ID: EB1B5EE1-3360-4AD1-A6C2-54D3FC3B04A2 shall take place in the courts of the Province of Ontario. The parties attorn to the non-exclusive jurisdiction of the courts of Ontario. 14. Entire Agreement These standard terms of use, together with any service agreements and statements of work, signed by the parties contains the complete and exclusive statement of agreement between the parties and supersedes all purchase order terms and conditions, understandings, proposals, negotiations, representations or warranties of any kind whether written or oral. These terms and conditions may not be modified except via written agreement signed by both parties. 15. Privacy A User's right to privacy is of paramount importance to Info-Tech. See our Privacy Policy for more detail. The identity of our research clients is not considered personal or confidential information, and we may disclose that information for promotion and marketing purposes 16. Contact Information Attn: General Counsel Legal@infotech.com Toll Free US: 1-888-670-8889 Toll Free CAN: 1-844-618-3192 International: +1-519-432-3550 DocuSign Envelope ID: EB1B5EE1-3360-4AD1-A6C2-54D3FC3B04A2