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Packet 20231204
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Last modified
3/21/2024 5:57:36 PM
Creation date
12/26/2023 3:30:31 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
12/4/2023
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PERM
Document Relationships
ConvergeOne, Inc. CSA 20231204
(Amended)
Path:
\City Clerk\City Council\Agreements\2023
Reso 23-173 2023 Resolution CSA ConvergeOne
(Amended)
Path:
\City Clerk\City Council\Resolutions\2023
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ACCEPTED BY: <br />TITLE:TITLE: <br />BUYER:DATE:SELLER:DATE: <br />This Order is a configured order and/or contains software. <br />This Solution Summary summarizes the documents(s) that are attached hereto and such documents are incorporated herein by reference (collectively, this <br />“Order”). Customer's signature on this Order (or Customer's issuance of a purchase order in connection with this Order) shall represent Customer's agreement <br />with each document in this Order and acknowledgement that such attached document(s) are represented accurately by this Solution Summary. <br />Unless otherwise specified in this Order, this Order shall be subject to the following terms and conditions (the “Agreement”): (i) the Master Sales Agreement or <br />other applicable master agreement in effect as of the date hereof between ConvergeOne, Inc. and/or its subsidiaries and affiliates (collectively, "C 1" or "Seller") <br />and Customer; or (ii) if no such master agreement is currently in place between C1 and Customer, the Online General Terms and Conditions currently found on <br />the internet at: https://www.onec1.com/agreements . If Customer’s Agreement is a master agreement entered into with one of C1's predecessors, affiliates <br />and/or subsidiaries ("Legacy Master Agreement"), the terms and conditions of such Legacy Master Agreement shall apply to this Order, subject to any <br />modifications, located at: https://www.onec1.com/agreements . In the event of a conflict between the terms and conditions in the Agreement and this Order, <br />the order of precedence shall be as follows: (i) this Order (with the most recent and specific document controlling if there are conflicts between the Solution <br />Summary and any applicable supporting document(s) incorporated into this Order), (ii) Attachment A to the Agreement (if applicable), and (iii) the main body of <br />the Agreement. <br />This Order may include the sale of any of the following to Customer: (a) any hardware, third party software, and/or Seller software (collectively, “Products”); (b) <br />any installation services, professional services, and/or third party provided support services that are generally associated with the Products and sold to customers <br />by Seller (collectively, “Professional Services”); (c) any Seller-provided vendor management services, software release management services, remote monitoring <br />services and/or, troubleshooting services (collectively, “Managed Services”); and/or (d) any Seller-provided maintenance services ordered by Customer to <br />maintain and service Supported Products or Supported Systems at Supported Sites to ensure that they operate in conformance with their respective <br />documentation and specifications (collectively, “Maintenance Services”). For ease of reference only, Professional Services, Managed Services and Maintenance <br />Services may be referred to collectively as “Services.” Unless otherwise defined herein, capitalized terms used herein will have the same meanings as set forth in <br />the Agreement. <br />Notwithstanding anything to the contrary stated above, this Order is subject to the terms and conditions of the Public Sector Contract referenced herein, and <br />such Public Sector Contract supersedes all references to a Master Sales Agreement, the Online General Terms and Conditions, and/or a Legacy Master Agreement <br />referred above <br />Products and/or Services not specifically itemized are not provided hereunder. This Order will be valid for a period of thirty (30) days following the date hereof. <br />Thereafter, this Order will no longer be of any force and effect. Due to rapidly changing prices in the market for third party Products and/or Services, after the <br />expiration of the foregoing 30 day period, Seller reserves the right to adjust offerings and/or prices accordingly prior to issuing any new Order(s). <br />CONFIDENTIAL AND PROPRIETARY INFORMATION OF C1 <br />Page #:2 of 8 <br />Date:10/13/2023 <br />Documents #:OP-000777241 <br />SO-000872962 <br />Solution Name:Data Center Upgrade Project <br />Customer:City of San Leandro
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