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HomeMy WebLinkAboutInfo-Tech Research Group; 2024-06-19;DocuSign Envelope ID: 6FF66A98-811A-4E29-B2C9-63E49AC96944 City of Carlsbad Service Proposal Neha Sherpuri Member Services Director nsherpuri@infotech.com 1-888-670-8889 ext.3679 June 19, 2024 INFO~TECH R E S E A R C H G R O U P Page 1 of 4 DocuSign Envelope ID: 6FF66A98-811A-4E29-B2C9-63E49AC96944 Hi Maria, On behalf of our entire team at Info-Tech Research Group, I am pleased to present this proposal for IT Research and Advisory services to you and your IT department at City of Carlsbad. lnfo-Tech's IT Research and Advisory membership provides you with access to our powerful diagnostic tools and key research to help you systematically improve your IT department's performance. To help you maximize the impact of your membership, we also provide an unmatched 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, Neha Sherpuri Member Services Director nsherpuri@infotech.com 1-888-670-8889 ext.3679 Page 2 of 4 Info-Tech Research Group 3960 Howard Hughes Parkway Suite 500, Las Vegas, NV, USA 89169 infotech.com Proposal prepared for: Maria Callander City of Carlsbad 1635 Faraday Ave, Carlsbad, California, United States 92008-7314 DocuSign Envelope ID: 6FF66A98-811A-4E29-B2C9-63E49AC96944 SERVICE AGREEMENT WITH INFO-TECH RESEARCH GROUP Service Start Date: July 17, 2024 II Contract Length: 2-year Contact: Maria Callander City of Carlsbad Product Description Quantity Advisory Membership Unlimited analyst calls, full diagnostic access, virtual Industry Roundtable meetings, 1 1.00 software selection engagement Team Membership Access to core research content -project blueprints, Info-Tech Academy, online Leadership 4.00 training, software selection content, tools and templates library Subtotal $24,886.65 $14,932 .00 Total $24,886.65 $14,932.00 Total: $39,818.65 All items stated on this document are in USO and is subject to applicable taxes. Page 3 of4 DocuSign Envelope ID: 6FF66A98-811A-4E29-B2C9-63E49AC96944 State of California Multiple Award Schedule (CMAS) -3-19-70-3685A Payment Terms: Net 45 Unless otherwise stated, consulting and workshop engagements do not include travel and expenses, which will be charged in addition to the fees listed with prior approval from City. 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 and schedule workshops prior to expiration. This Service Agreement is subject to Info-Tech Research Group Standard Terms of Use -Exhibit "A", except that Section 13 (Governing Law) shall be repealed and replaced in its entirety as follows: "13. Governing Law. This site and any service agreement are governed by the laws of the State of California without regard to conflicts of law rules. Any dispute between the parties must be brought in a state or federal court in San Diego County, California. Info-Tech consents to the personal and subject matter jurisdiction of these courts and waives the right to change venue." Subject to applicable taxes. If your company is tax exempt, please provide a valid tax exemption certificate with the signed proposal. This Service Agreement is subject to the terms and conditions set out in CMAS No 3-19-70-3685A. 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 June 28, 2024. Please return this signed Service Agreement to Info-Tech by DocuSign, email nsherpuri@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. If you are tax exempt, please provide tax exemption certificate. Term Number 2 Invoice Date July 1, 2024 July 1, 2025 Name Mari a ca 11 ande r Invoice Amount $39,818.65 $39,818.65 Title Di rector of Information Technology Signature ~~ loJk,..,h Date 6/19/2024 Term Start Date July 17, 2024 July 17, 2025 APPROVED AS TO FORM: Term End Date July 17, 2025 July 17, 2026 CINDIE K. McMAHON, City Attorney BY: UIM:/J.i ~ Deputy City Attorney Page 4 of4 Notes Year 1: 1 Advisory and 4 Team seats Year 2: 1 Advisory and 4 Team seats ATTEST: SHERRY FREISINGER, City Clerk By: J= R.. "MJ., ~ Senior Deputy City Clerk DocuSign Envelope ID: 6FF66A98-811A-4E29-B2C9-63E49AC96944 EXHIBIT "A" Info-Tech Research Group Terms of Use Info-Tech Research Group Inc. ("Info-Tech" or "we") provides proprietary information technology research, tools, materials, and related advisory services to our clients via our website (collectively the "Services"). A "Client" is defined as the entity that purchased the subscription services. These Terms of Use shall be referenced in a sales contract ("Service Agreement") between Client and Info-Tech. These Terms of Use state the terms and conditions under which "you", being (as the case may be) a Client and/or a "User" (defined as a user of the publicly available Services, or one or more named individual employees or representatives of the Client who are authorized by Info-Tech in a Service Agreement to use the Services that require paid access), may use this website and the Services, which are the property of Info- Tech. Your use of this site and the Services constitutes acceptance of these Terms of Use. 1. General Use Restrictions The Services are to be used for the User's 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. 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F. use lnfo-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. If you are an organization that is party to a service agreement with Info-Tech, references in these Terms of Use to "User(s)" include you, and you are responsible for compliance by named individual Users within your organization with these Terms of Use. 4. User Perspective DocuSign Envelope ID: 6FF66A98-811A-4E29-B2C9-63E49AC96944 EXHIBIT "A" For the benefit of all Users, lnfo-Tech's research services includes the ability for Users to (i) participate in the creation of research by contributing User perspective for publication on lnfo-Tech's websites and (ii) participate in industry-specific community groups and other forums by contributing discussion posts. All such contributions are voluntary with full consent of the User. If your account is used to contribute content to lnfo-Tech's websites, (collectively, "User Contributions"), you agree to accept sole responsibility for those User Contributions, including the information, statements, facts, and material contained in any form or medium (e.g., text, audio, video, and photographic) therein. To the extent Users contribute any feedback to Info-Tech (as User Contributions or otherwise), Info-Tech may use that feedback to assess, improve, and market its products. To the extent Users contribute to research, Info-Tech may incorporate those contributions within the research Services without the necessity of attribution. You grant us and our affiliates a worldwide, irrevocable, royalty-free, nonexclusive license to use, reproduce, create derivative works of, distribute publicly display, and publish User Contributions. You agree you will not attempt to enforce any so-called "moral rights" in User Contributions against us or our affiliates. By using lnfo-Tech's research services, you agree that none of your User Contributions will: • infringe on the intellectual property, trade secret, privacy, publicity, or other rights of others; • contain false statements or misrepresentations that could damage Info-Tech or any third party; • include obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually explicit, sexually oriented, profane, or embarrassing material, as determined by Info-Tech in its sole discretion; • be illegal or otherwise objectionable; • contain the personal information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers; • encourage or facilitate insider trading or anticompetitive behavior; • include commercial advertisements or solicitations; or • purport to or actually provide legal or professional advice. Because lnfo-Tech's Web sites are available to the public, User Contributions on lnfo- Tech's Web sites are not Confidential Information. Although you are solely responsible for the content you provide and we do not have a policy of reviewing or monitoring all User Contributions, we reserve the right to pre- screen and/or monitor User Contributions. If we become aware of User Contributions 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. DocuSign Envelope ID: 6FF66A98-811A-4E29-B2C9-63E49AC96944 EXHIBIT "A" If you believe that any User Contributions 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. 5. Non-Disclosure of Confidential Information In these Terms of Use "Confidential Information" means information of a commercially sensitive or proprietary character that is marked as confidential or that a reasonable person would understand to be confidential. The "Disclosing Party" is the party disclosing Confidential Information and the "Receiving Party" is the party receiving Confidential Information. 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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, underwriter or advisor under a duty of confidentiality; or (ii) is under a written obligation of confidentiality at least as restrictive as these Terms of Use and to the extent required bylaw. Info-Tech may create or use anonymized data for purposes such as benchmarking, analytics, and other good faith business purposes. Anonymized data is not the Confidential Information of Users. Client confirms it has express consent to share its employee information with Info- Tech. 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 terms of membership are generally multiple years in length and 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 (I) year after purchase. Info- DocuSign Envelope ID: 6FF66A98-811A-4E29-B2C9-63E49AC96944 EXHIBIT "A" Tech may terminate a User's access at any time if the User or Client violates the terms of use or subscription or any other agreement with Info-Tech. 7. Cancellation An executed Service Agreement may not be terminated for convenience. Client may terminate a Service Agreement in the event that: • Info-Tech changes or discontinues Services; and • Such changes or discontinuance materially affects the User's use of the Services; and • Client or User notifies Info-Tech of this material affect; and • Info-Tech is unwilling or unable to reverse such changes within 20-business days. 8. Changes Info-Tech strives to innovate. Info-Tech may update, upgrade or otherwise change or discontinue content, features or other aspects of its Services. Info-Tech will not make changes that cumulatively degrade the quality of a paid subscription to the Services. 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. 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Limitation of Liability In no event is Info-Tech liable for any special, indirect, consequential, incidental, or punitive damages however caused, whether in contract, tort, negligence, strict liability, operation of law or otherwise, (including without limitation damages for lost profits, business interruption or loss arising out of the use of or inability to use the Services, or any information provided in the Services, or claims attributable to errors, omissions or other inaccuracies in the Service or interpretations thereof), even if Info-Tech has been advised of the possibility of such damages. lnfo-Tech's total liability shall in no event exceed the amount paid by the Client for the Service in question. User and Client acknowledge 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 Client and Info- Tech is found to have failed in its fundamental or essential purpose or has been fundamentally breached, but if such is the case, Info-Tech shall refund any prorated prepaid fees for services, or in the event of software or other product, shall refund the purchase price as reduced in accordance with a three (3) year, straight-line depreciation schedule commencing on the date of delivery of the software or other product .. 11. Links to Third-Party Sites Any third-party sites that are linked to the Services are not under lnfo-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 any service agreement are governed by the laws of the State of California without regard to conflicts of law rules. Any dispute between the parties must be brought in a state or federal court in San Diego County, California. Info-Tech consents DocuSign Envelope ID: 6FF66A98-811A-4E29-B2C9-63E49AC96944 EXHIBIT "A" to the personal and subject matter jurisdiction of these courts and waives the right to change venue. 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. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. 15. Privacy A User's right to privacy is of paramount importance to Info-Tech. See our Privacy Policy for more detail. 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