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HomeMy WebLinkAboutContractExecutive Services Department Memorandum DATE:January 25, 2023 TO:Kristi Rowland, Deputy Chief Administrative Officer (DCAO) CC:Young Yoon, Information Technology Director FROM:Megan Bermudez, Senior Business Systems Analyst SUBJECT:Digital WarRoom Software Purchase This memo is in lieu of our standard contract template which allows for signature by both parties. Attached for your review and approval is an Agreement Packet with Digital WarRoom. This Agreement packet authorizes payment of quote QT-B5D67ABE-0001-1, in the amount of $3,949.00 ($3,590.00 plus sales tax) for the Digital WarRoom Pro software, including two one-year user licenses that will be renewed annually. This software will be used by the City Attorney’s office for litigation discovery. We will be submitting this agreement packet to the City Clerk’s office for assignment of a CAG number. Attached are the following documents: 1. Agreement Packet for Quote # QT-B5D67ABE-0001-1 Approved By: _____________________________ Kristi Rowland, Deputy Chief Administrative Officer _____________________________ Date              CAG-23-030                  !"# $%  &' ()**! +* ,-- +(.   /0,+,( +    1 2 $ 3    ) * 42 $ 3    ) * 4 5 4%  &'.5 4%  &'. -2,0,( 6 (, 0,2 +)(  0  6 7  8 2    8   88  9 "!'9#!"' - 5 9#!"'  9#!"'                  !"#$$ %&! '&( ) *   +  Support Availability and Response Times: DWR™ will be available for service requests and support within the United States Monday through Friday be- tween 6:00 am PST and 6:00 pm PST. Normal availability and response times are as follows: Normal business hours are 6:00 am PST – 6:00 pm PST, Monday through Friday (“Normal Business Hours”): DWR™ will acknowledge receipt of a Customer request and provide an estimate of time to completion within 4 hours of receipt. The Support Desk can be reached by email at support@digitalwarroom.com. Support Desk will acknowledge and review Customer requests during business hours with appropriate escalation. After Hours: All hours outside of Normal Business Hours are considered (“After Hours”). For Customer’s unsched- uled requests received After Hours, DWR™ will acknowledge receipt of the request and provide an estimate of time to completion by 10:00 AM PST of the following business day. Terms: Payment for DWR Pro software is due at time of invoice, with ACH / Credit Card link provided for secure payment.          Digital WarRoom PRO® User Notice of End User License Agreement This End User License Agreement (“Agreement”) is entered into between You (either an individual or a single entity, sometimes referred to herein as “Customer”) and Gallivan, Gallivan & O’Melia, LLC (dba Digital WarRoom), and governs your use of Digita l WarRoom PRO software. “You” refers to each user of the Digital WarRoom PRO software. Your use of the Digital WarRoom software constitutes your acknowledgement and acceptance of the following terms and conditions of use. Digital WarRoom Single Matter Customer and Private Cloud Customer use is governed by separate contract. 1.RIGHT TO USE 1.1. You may not use, copy, distribute, publish, sublicense, lease or transfer the Digital WarRoom software or any component thereof except as expressly provided for in the software license agreement, and you may not grant any rights in the Digital WarRoom PRO software or any component thereof inconsistent with the terms of the software license agreement. 1.2. You are responsible for ensuring that the intellectual property rights in the Digital WarRoom PRO software and components thereof are protected, to no less than a commercially reasonable degree. 1.3 Without limiting the foregoing, you shall not decompile, disassemble or reverse engineer the Digital WarRoom PRO softwa re or any component thereof, including but not limited to software code, schema or scripts, or attempt to do so, or knowingly allow a third party to do any of the foregoing. You shall not remove, alter or obscure any notice of patent, copyright, trade secret, trademark, or other proprietary right in the Digital WarRoom PRO software or any component thereof, whether owned by Digital WarRoom or any third party. Please note that this constitutes a legally binding agreement between you as a Digita l WarRoom PRO software user, and Digital WarRoom, LLC. 1.4. Any Digital WarRoom PRO database should not exceed one million records. If the one million record data limit is exceeded this may result in inaccurate or incomplete results and will void the warranty. 1.5. All rights not expressly granted to you are reserved by Digital WarRoom. 2. MISCELLANEOUS 2.1. General. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement. 2.2. Governing Law. Any action, suit, or proceeding arising under or in connection with this Agreement must be commenced within one (1) year after the claim or cause of action arises. This Agreement shall be governed in all respects by the laws of the State of Washington without regard to conflicts of law. 2.3. Severability. If any term of this Agreement is held invalid or unenforceable for any reason, the parties agree that such invalidity will not affect the validity of the remaining provisions of this Agreement, and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provision. 2.4. Waiver. The failure of Digital WarRoom to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Digital WarRoom in writing. All waivers must be done in writ ing, and then only by persons executing this Agreement or other duly authorized agents or representatives. The waiver by either party of a breach or a violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach or violation. 2.5. Entire Agreement. This Agreement is the entire agreement between You and Digital WarRoom relating to the Program and the Services (if any) and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Program, the Services or any other subject matter covered by this Agreement. 2.6. Parties Bound. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respe ctive legal representatives, heirs, legatees, successors, and permitted assignees. 3. SUBSCRIPTION 3.1. Renewal. Your subscription will renew and your card will be automatically charged one year from the date of original purchase and every subsequent year until you inform us of cancellation. To cancel your subscription or for other questions, please email support@digitalwarroom.com. Please visit our website for additional information: http://www.digitalwarroom.com Copyright © Digital WarRoom, LLC 2022. Portions hereof © LEAD Technologies, Inc. 1991-2022, ALL RIGHTS RESERVED. All rights reserved.