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Item 26 - Agreement with Allied Network Solutions, Inc. for Adobe Software and Subscription
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Item 26 - Agreement with Allied Network Solutions, Inc. for Adobe Software and Subscription
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1/27/2025 5:03:20 PM
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1/21/2025 2:16:24 PM
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City Clerk
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Agenda Packet
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Information Technology
Item #
26
Date
1/21/2025
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technologies <br />i. Section 7.1 ii: "Ordering Activity will utilize the Nimsoft CA Support website, or other site or notification mechanism as CA may <br />designate from time to time, to notify CA of SaaS availability issues, request other in -scope technical support assistance, or for <br />Ordering Activity to provide feedback or approvals on requests as applicable." <br />ii. Section 8.1: "The Ordering Activity shall be provided with SaaS Support pursuant of the terms of <br />http://www.nimsoft.com/content/dam/nimsoft/documents/un-secure/agreements/nimsoft-us-support-agreement.pdf during <br />the Subscription term." <br />iii. Section 10.1: "CA warrants that (i) SaaS shall perform materially in accordance with the applicable SaaS Documentation for a <br />period of 60 days from the commencement of the Term and (ii) that SaaS will be available online according to the performance <br />levels described in the Service Levels defined in this SaaS Module. <br />iv. Add the following as Section 15: <br />"15. REPORTING AND AUDIT <br />Reports. Ordering Activity agrees to prepare and submit monthly reports to the Authorized CA Partner and CA that shall include, <br />without limitation, information detailing the use of SaaS pursuant to the license metrics applicable to SaaS ("Report"). Ordering <br />Activity shall submit each Report to the Authorized CA Partner and CA on the fifteenth day of each calendar month. <br />Overage. If the Report shows the Ordering Activity has exceeded the Authorized Use Limitation at any time during a month, such <br />Report shall constitute a basis for a claim to the relevant Contracting Officer pursuant to the Contract Disputes Act and FAR 52.233-1. <br />In no event may the SaaS quantity be lowered below the original numberordered. <br />14. GENERAL TERMS. <br />14.1. Any conflict or inconsistency among or between the terms and conditions of the documents comprising the Agreement shall be <br />resolved according to the following order of precedence, in the order of the greatest control to the least: (1) U.S. Federal law, (2) this <br />Channel SaaS Module and (3) the Channel Foundation Agreement. Notwithstanding the foregoing, unless expressly required by U.S. <br />Federal law in subcontracts for commercial information technology, neither an Ordering Activity issued purchase order, nor the <br />terms of an order between Ordering Activity and the Authorized CA Partner or Prime Contractor, shall modify the terms of the <br />documents indicated herein. <br />Version PS 1.0 Page 10 of 38 7/23/2014 10:36 AM <br />
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