Agmt21 E & M Electric and Machinery, Inc.

Browse Search

REV: 11-30-21 RL SOFTWARE PROCUREMENT AND PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF REDWOOD CITY AND E & M ELECTRIC AND MACHINERY, INC. This SOFTWARE PROCUREMENT AND PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into as of _______________________, 2021, for reference purposes only, by and between the City of Redwood City, a charter City and municipal corporation of the State of California (hereinafter referred to as the “City”), and E & M Electric and Machinery, Inc. DBA Wonderware California (hereinafter referred to as “Provider”). RECITALS A. City desires to procure software and services which will be delivered on a subscription and/or fixed fee basis to support its operations in the area of operator visualization and control interface for its Water, Sewer, Storm, and Recycled Water SCADA system (the “Software Solution”). B. Provider submitted a proposal for the Software Solution dated November 1, 2021 (“Proposal”) and has been selected to provide the Software Solution on the basis of the features and functionality of the Software Solution and the representations and commitments of Provider contained in the Proposal. C. The parties desire by this Agreement to establish the terms for City to retain Provider to provide the Software Solution. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Software Solution. The Software Solution is comprised of software and services that will be provided to the City as follows: a. Software. Provider shall provide City with access to the software, which is described in the “Schedule of Software” which is attached hereto as Exhibit “A” (“Software”). The performance and functionality of the Software shall comply in all respects with the commitments made in the Proposal and the description of the Software features and specifications contained in Provider’s technical documentation for the Software (collectively, the “Functional Specifications”). If the Proposal was in response to an RFP issued by the City for the Software Solution, then the Functional Specifications will include any requirements for the Software Solution included in the RFP unless specifically excluded in the Proposal. b. Services. Provider shall further provide City with the services necessary to provide the Software Solution and to implement, use and support the Software as described in the “Schedule of Services” attached hereto as Exhibit “B” (“Services”). 2. Supplemental Terms. The City shall have a license and/or subscription to use the Software Solution, including any Software, for its operations, subject to the terms of this Agreement and the additional terms and conditions of Provider, which are contained in the “Terms of Service Addendum” which is attached hereto as Exhibit “C”. In the event of any conflict between the terms of this Agreement and the Terms of Service Addendum, the terms of this Agreement will prevail. ATTY/AGR.2021.312/E&M Electric and Machinery, Inc. (AVEVA Wonderware Flex Subscription) (Page 1 of 51) December 2