Completed Addendum_with_Docusign_AQI CityofPhiladelphia 9.2.26.pdf

PDF 485 KB Posted

Attached to
Linko Support & Maintenance
Solicitation number
B2727933
Issued by
Pennsylvania

About this file

This addendum document pertains to the City of Philadelphia's Linko Support & Maintenance small order purchase opportunity in Pennsylvania. The addendum modifies the terms of the original solicitation regarding support and maintenance services for Linko systems. The document outlines amendments to project specifications, requirements, and contract terms that bidders must acknowledge and incorporate into their proposals. Bidders are required to quote all items to remain eligible for award consideration, with the contract to be awarded as a whole or by line item, whichever serves the City's best interest, to the lowest responsive and responsible bidder. The addendum establishes modified submission requirements and clarifications to ensure bidders understand the updated scope of work and contractual obligations prior to submitting their bids.

The addendum includes specific modifications to pricing terms, service delivery requirements, and performance specifications that govern the support and maintenance services to be provided. Bidders must acknowledge receipt of this addendum and confirm their understanding of all amendments prior to bid submission. The document ensures that all prospective vendors operate under consistent and updated terms, protecting the City's interests while providing clarity on expectations for service delivery, response times, and maintenance obligations. No services are to be delivered or performance commenced until explicit notification is received from the City department managing the contract.

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Exhibit A

Contract Addendum to City of Philadelphia Terms and Conditions Small Order Purchase

Parties: The City of Philadelphia, by and through its Water Department (“City”) Date: September 2, 2026 Aquatic Informatics, Inc. (Seller”)

Recitals: City and Seller are entering into a contract for the Project and for the purchase of Seller’s service offering (“Services”). The Parties’ rights and obligations are governed by the City’s standard terms and conditions Small Order Purchase Terms and Conditions (“City’s Terms”). This Addendum is intended to provide revisions to City’s Terms.

Revisions: Notwithstanding anything to the contrary contained in the Agreement, the following provisions and rules of construction apply:

1. Limitation on Liability. Neither the City nor AQI, its partners, principles, and employees shall be liable for more than the greater of $100,000 or two times the total contract amount for any actions, damages, claims, liabilities, costs, expenses, or losses in any way arising out of or relating to the Software, Services and Deliverables provided hereunder. Notwithstanding the foregoing, this limitation shall not apply to liability for damages resulting from loss of life, bodily injury, or damage to real and/or tangible personal property, infringement of proprietary right, data loss, or data breach. In no event shall either the City or AQI be liable for any indirect, incidental, consequential, or special damages arising out of or in relation to this agreement, even if advised of the possibility of such damage, including, but not limited to, any loss of profits, business interruption. Nothing herein shall waive or amend any defense or immunity that the City, its officers, agents, or employees may have under the PA Political Subdivision Tort Claims Act, 42 Pa.C.S.A. 8541 et. seq

2. Warranty. Seller warrants the Services in accordance with its then-current standard warranty covering the specific Goods ordered, generally under which Seller warrants to the City that Goods furnished hereunder will be free from defects in material and workmanship for a period of ninety days from the completion of the Work. Parts provided by Seller in the performance of the Services may be new or refurbished parts functioning equivalent to new parts. Any non-functioning parts that are repaired by Seller shall become the property of Seller. All other guarantees, warranties, conditions and representations, either express or implied, commercial usage or otherwise, including implied warranties of merchantability and fitness for a particular purpose and the remedy of “cover” are hereby excluded.

3. Intellectual Property; Information Technology; Privacy. Seller retains all rights in and to any intellectual property and confidential information created or procured by it or its representatives at any time, and City receives licenses to use such intellectual property and information only to the extent provided by implied license under applicable law. All records, documents, data, deliverables, and other items of work (including any copies or reproductions thereof) (“Materials”), furnished by the City to Seller or entered, submitted, uploaded, or otherwise provided by or on behalf of the City in connection with this Agreement, shall remain the property of the City and shall be kept confidential by Seller. Seller shall not access, use, disclose, or permit access to or disclosure of such Materials except as may be strictly necessary to perform the Agreement. Any unauthorized access, use, disclosure, or other breach of these obligations shall constitute a breach of this Agreement.

4. Performance Guarantees. All product warranties and performance guarantees shall only be enforceable if (a) all equipment is properly installed, inspected regularly and is in good working order, (b) all operations are consistent with Seller recommendations, (c) and operating conditions at the City site have not materially changed and remain within anticipated specifications. Provider shall submit to the City, upon written request, a statement identifying all application and operating system software and the computer hardware with and on which the Service is compatible with and will operate in accordance with specifications.

5. Acceptance and Set-off. The City shall make commercially reasonable efforts to pay properly submitted invoices within the City’s standard payment window of sixty (60) days of the relevant invoice date.

6. Miscellaneous. Seller is not obligated to provide copies of Seller’s insurance policies, as they are proprietary information; Seller can provide certificates of insurance and/or endorsements, or provide waivers of subrogation.

[The remainder of this page has been left blank intentionally. Signature page follows.]

Docusign Envelope ID: 6A1E9B65-C920-8369-835B-563C5064226F

IN WITNESS WHEREOF, the Parties have caused this Addendum to be executed by their duly authorized representatives, intending thereby to be legally bound.

City of Philadelphia Aquatic Informatics, Inc:

Water Department

By: By:

Name: Name:

Title: Title:

Date: _ Date:

Approve as to form:

Per: _____________________________

Name:___________________________

Title: ____________________________

Docusign Envelope ID: 6A1E9B65-C920-8369-835B-563C5064226F

September 2, 2026

Kent Seymour

Director, Customer Success

John Gibbons

Assistant City Solicitor

September 2, 2026

Benjamin C Jewell

Commissioner

Certificate Of Completion Envelope Id: 6A1E9B65-C920-8369-835B-563C5064226F Status: Completed

Subject: Complete with Docusign: AQI_CityofPhiladelphia - FINAL (clean).docx

Source Envelope:

Document Pages: 2 Signatures: 3 Envelope Originator:

Certificate Pages: 3 Initials: 0 Heather Dobilas

AutoNav: Enabled

EnvelopeId Stamping: Enabled

Time Zone: (UTC-05:00) Eastern Time (US & Canada)

1234 Market Street

Suite 1800

Philadelphia, PA 19107 heather.dobilas@phila.gov

IP Address: 170.115.248.15

Record Tracking Status: Original

9/2/2026 9:47:16 AM

Holder: Heather Dobilas heather.dobilas@phila.gov

Location: DocuSign

Security Appliance Status: Connected Pool: StateLocal

Signer Events Signature Timestamp Kent Seymour kent.seymour@aquaticinformatics.com

Director, Customer Success

Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style

Using IP Address:

2600:382:37f8:19c9:a17c:a415:d0f8:ab35

Sent: 9/2/2026 9:50:12 AM

Viewed: 9/2/2026 10:37:16 AM

Signed: 9/2/2026 10:56:06 AM

Electronic Record and Signature Disclosure:

Accepted: 9/2/2026 10:37:16 AM ID: ac7e5394-d8a6-447f-95c5-2c7981861048

John Gibbons john.gibbons@phila.gov

Assistant City Solicitor

City of Philadelphia - Law Department

Security Level: Email, Account Authentication (None)

Signature Adoption: Pre-selected Style

Using IP Address: 170.115.248.7

Sent: 9/2/2026 10:56:07 AM

Viewed: 9/2/2026 11:19:45 AM

Signed: 9/2/2026 11:20:12 AM

Electronic Record and Signature Disclosure:

Not Offered via Docusign

Benjamin C Jewell

Benjamin.Jewell@phila.gov

Commissioner

Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style

Using IP Address: 170.115.248.9

Sent: 9/2/2026 11:20:13 AM

Viewed: 9/2/2026 12:12:40 PM

Signed: 9/2/2026 12:12:58 PM

Electronic Record and Signature Disclosure:

Accepted: 9/2/2026 12:12:40 PM ID: 8a76b602-f272-480d-bdf8-91292ffccf64

In Person Signer Events Signature Timestamp

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp

Certified Delivery Events Status Timestamp

Carbon Copy Events Status Timestamp

Witness Events Signature Timestamp

Notary Events Signature Timestamp

Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/2/2026 9:50:12 AM

Certified Delivered Security Checked 9/2/2026 12:12:40 PM

Signing Complete Security Checked 9/2/2026 12:12:58 PM

Completed Security Checked 9/2/2026 12:12:58 PM

Payment Events Status Timestamps

Electronic Record and Signature Disclosure

This Electronic Records and Signature Disclosure is provided by the City of Philadelphia in connection with a pending electronic transaction. Any party proceeding with such electronic transaction is deemed to have consented i) to conduct the transaction by electronic means; and ii) where execution of an agreement is required, to the use of electronic signatures using the method provided in the agreement. Questions regarding this Electronic Records and Signature Disclosure should be addressed to econtractphilly@phila.gov.

Electronic Record and Signature Disclosure created on: 9/5/2016 1:40:22 AM Parties agreed to: Kent Seymour, Benjamin C Jewell

Exhibit A
Contract Addendum to City of Philadelphia Terms and Conditions Small Order Purchase
City of Philadelphia Aquatic Informatics, Inc:
Water Department
2026-09-02T16:19:37+0000
Digitally verifiable PDF exported from www.docusign.com

File details come from the government source that posted it. Updated .