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HomeMy WebLinkAbout20-Information Technology i ORIGINAL CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: TOM MAREK, Subject: IT DIRECTOR RESOLUTION AUTHORIZING THE Dept: CITY MANAGER/INFORMATION ISSUANCE OF A PURCHASE ORDER TECHNOLOGY DIVISION TO COMPUCOM FOR AN UPGRADE WITH SOFTWARE ASSURANCE TO Date: October 16, 2007 MICROSOFT OFFICE PROFESSIONAL PLUS 2007 ON 900 CITY PCs. M/CC Meeting Date: November 5, 2007 Synopsis of Previous Council Action: None Recommended Motion: Adopt resolution. Signature Contact person: Tom Marek Phone: 384-5947 Supporting data attached:Staff Report, Agreement Ward: FUNDING REQUIREMENTS: Amount: $ 134,226 in FY 07/08 Source: (Acct. No.) 679-251-5702 (Acct. Description) Desktop Upgrade Finance: Council Notes: Agenda Item No. a if 1 ,51 b3 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the issuance of an agreement and purchase order to CompuCom for an upgrade with software assurance to Microsoft Office Professional Plus 2007 on 900 City PCs. Background: The City went from a dumb terminal environme it to a personal computer environment in 1997. Most of the City's 900 PCs are still using the software, Office 97, installed at that time. Four new, improved versions of Office suites have been released in the intervening 10 years: Office, Office 2000, Office XP (2002), Office 2003, and Office 2007. With each new release security and usability has been improved with dramatic differences existing now between Office 97 and Office 200 . File sharing incompatibilities will increase as many outside companies and agencies switch o Office 2007 which uses the new XML file format. Purchasing Office 2007 using Microsoft Software Assurance (SA) will allow the City to spread payments over 3 years while allowing the Citi to immediately install any version of Office Professional Plus 2007 that is released during a payment period. Additionally SA provides vouchers for 20 training days to "Train the Trainers" and all employees will be able to use Microsoft's e-learning training products. This resolution authorizes the City Manager to xecute an Agreement for the purchase and the Director of Finance or his/her designee to issue a purchase order with two automatic one-year renewals. This purchase is exempt from the formal contract procedures of Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.020, B3 of said Code, "Purchases approved by the Mayor and Common Council". Financial Impact: Cost for FY07/08 is $134,226 and the cost fore each renewal will be at the same price. Total cost is$402,678 over three years. This purchase has been budgeted in 679-251-5702, Desktop Upgrade. Recommendation: Replocemewi Sje Adopt resolution. l /_ G-07 moo, C 0 En Pointe Technologies 2381 Rosecrans Ave.,Suite 325 Phone:(310)725-5200 El Segundo, CA 90245 Interne t:www.enpointe.com L000n EN POINTED En Pointe Technologies ■OMEN■1 e c H N o L o G I i s Branch Office Gov't Sales Quotation 2381 Rosecrans Ave,Suite 325,3rd El Segundo,CA 90245 Tel.:310-725-9777 Fax:310-725-9778 Sold-to Party Address CITY OF SB-OFFICE OF PURCHASING DI Information ATTN: LYN HUMPHREY Quotation No. 20304897 300 NO'D'STREET SAN BERNARDINO CA 92418 Document Date 09/12/2007 Quote expires on 09/26/2007 Customer No. 1017155 ;Ship-to Party Address Salesperson COSB CITY OF SB-OFFICE OF PURCHASING DI Order Type : QT ATTN:LYN HUMPHREY Created By: SAIQAYOUSAF 300 NO'D'STREET SAN BERNARDINO CA 92418 Purchase Order No. ATTN:RUTH Purchase Order Date 09/12/2007 Delivery Terms FOB Destination Delivery Date 09/12/2007 Gross weight LB Payment Terms NT25 Net weight LB Currency USD Ship Via BW Best Way-3 to 7 days 1 of 2 Quotation Details Item Mfg Part I Mfg Name/Material Description Qty in Stock Quantity Unit Price Amount 0010 TEMP/ 3-5 days" 900 EA 207.10 186,390.00 Part#021-05471 Office English Software Assurance MVL for Office Pro 2007 Three years. Sub Total Arno int $ 186,390.00 Freight $ Handling Charge $ Amount subjec to sales tax $ 186,390.00 Sales tax-State $ 11,649.38 Sales tax-Loca $ 3,261.83 Customer Notes Total Taxes $ 14,911.21 Total Amount... $ 201,301.21 En Pointe can provide same day shipment for over$2 billion worth of computer products from thousands of manufacturers/publishers. With over 250,000 available SKU's,finding the right product and tracking your orders is easy with our E-procurement tool, www ArrPCCPnintn rnm 'Usually ships within 3-5 business days except for constrained and special order items En Pointe Technologies 2381 Rosecrans Ave.,Suite 325 Phone:(310)725-5200 El Segundo, CA 90245 lnternet:www.enpointe.com E LJ°O�EN POINTED En Pointe Technologies ■ONSO■ 7 E r h N O L O G i 1 S Branch Office Gov't Sales 2381 Rosecrans Ave,Suite 325,3rd Quotation El Segundo,CA 90245 Tel.:310-725-9777 Fax:310-725-9778 Sold-to Party Address CITY OF SB-OFFICE OF PURCHASING DI Information ATTN: LYN HUMPHREY Quotation No. 20304897 300 NO'D'STREET SAN BERNARDINO CA 92418 Document Date 09/12/2007 Quote expires on 09/26/2007 Customer No. 1017155 ;Ship-to Party Address Salesperson COSB CITY OF SB-OFFICE OF PURCHASING DI Order Type : QT ATTN: LYN HUMPHREY Created By: SAIQAYOUSAF 300 NO'D'STREET SAN BERNARDINO CA 92418 Purchase Order No. ATTN:RUTH Purchase Order Date 09/12/2007 Delivery Terms FOB Destination Delivery Date 09/12/2007 Gross weight LB Payment Terms NT25 Net weight LB Currency USD Ship Via BW Best Way-3 to 7 days 2 of 2 Customer Acceptance A signature and submission of this quotation by you, ("Customer"), will hereby serve as authorization for En Pointe Technologies to purchase and ship the above referenced goods and/or services. Further, Customer agrees to pay all invoices related to this order according to the terms and conditions specified by En Pointe Technologies, which are available at www PnnnintP rnm/tPrmS Signature PO Number Name Date Phone Email En Pointe can provide same day shipment for over$2 billion worth of computer products from thousands of manufacturers/publishers. With over 250,000 available SKU's,finding the right product and tracking your orders is easy with our E-procurement tool, �yww_AccPSs Pninte_rnm Usually ships within 3-5 business days except for constrained and special orderitems rlJmNITEg� 1212 E COL0RA00 MD, PASADENA,CA 9n06 TEL eM.793 4411 FAX 62!.793.1411 QUOTE eNU County of San Bernardino Tony Arredondo Attn,Accounts Payable Business Development Manager 626.793.4444 1 626.793.1444 San Bernardino,California 92418 mp County of San Bernardino Mrs.Ruth Parish UNITEKPASADENA.COM tonv(d)unitekusa.com R.:Microsoft Office Pro with SW Assurance o..+.6 SBCTY090507-1 ,Xm:Mrs.Ruth Parish Dw: September 05,2007 1 u.x R.k. rwaw pn.. L16 Microsoft Office Pro License With Software Assurance 269-09643 900 $83000 5747,000.00 2 OLV NL 3 Year 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 TOTAL ITEMS 900 SUBTOTAL $747 000.00 COMMENTS WARRANTY $0.00 SERVICE $0.00 REC FEE $0.00 8.0%TAX $59,760.00 SHIPPING $0.00 TOTAL $80676s0o.0.0r inW-Cd11011 ,."QIRL 11Q60 LMTMB•T06111 AJn XEROX J[h nryifvl Vl1EZ JW mie OKI mm. M.AUDID G i,1 ro SECX-I_ COmpuCOM �fu•iM1�N Cd4,T•tOrPlrv• CompuCom Systems Inc. 7171 Forest Lane Dallas TX 75230 916-515-0113 www.compucom.com Ruth Parish City of San Bernardino IS Department 300 North D Street San Bernardino, CA 92418 Dear Ruth, In this email we look at the difference in price between a 3 and a 5 year EA enrollment,with"Office Pro Plus"only. Please let me know if you meant for me to keep the other products on there and I'll re-do these quotes. 3 year pricing -� Year 1 � .900 269-05924 Office Professional Plus Lic/SA 149.14 $134,226.00 $134,226.00 Year 2 I t 900 269-05924 Office Professional Plus Lic/SA $149.14 $134,226.00 $134,226.00 Year 3 900 269-05924 Office Professional Plus Lic/SA $149.14 $134,226.00 .' y $134,226.00 5 year pricing Year 1 900 269-05924 Office Professional Plus Lic/SA $120.52 $108,468.00 $108,468.00 Year 2 900 269-05924 Office Professional Plus Llc/SA $120.52 $108,468.00 $108,468.00 1 Year 3 900 269-05924 Office Professional Plus Lic/SA $120.52 $108,468.00 $108,468.00 Year 4 900 269-05924 Office Professional Plus Lic/SA $120.52 $108,468.00 $108,468.00 Year 5 900 269-05924 Office Professional Plus Lic/SA $120.52 $108,468.00 $108,468.00 I anticipate that either a 3 or 5 year EA,with Office Pro Plus only would receive the following Software Assurance benefits. PLAN New Version Rights for Office Applications 900 Spread Payments Yes DEPLOY Desktop Deployment Planning Services 3 Da USE Training Vouchers 20 Employee Purchase Program(EPP) Yes Home Use Program(HUP) Yes Office e-Learning Kits Yes MAINTAIN Contacts for Web Support 4 TechNet Online Concierge Chat 2 Corporate Error Reporting Kit(CER) Yes TRANSITION Extended Hotfix Support for Office Applications Contract Fee Waived The Software Assurance benefits calculated by this tool are an estimate only.Microsoft makes no guarantees.See http://licensing.microsoft.com for an official calculation of your benefits. Sincerely, John Robinson CompuCom Systems, Inc. 916-515-0113 John.robinson(c)_compucom.com If at any time during the contract period Microsoft revises their incentive programs for products,CompuCom shall have the right to revise our pricing. 2 Common Questions about the Home Use Program General Program Questions What is the Home Use The Home Use Program is a benefit of Software Assurance, one of Program? Microsoft@ 's volume licensing programs. It provides a simple way for employers to enable employees to work at home with the same Microsoft@ products they use at work. What is software Assurance? I Software Assurance ensures that organizations have access to the latest Microsoft@ software and provides a range of benefits delivering productivity enhancements, support and tools and training. The Home Use Program is one of the productivity-enhancing benefits of Software Assurance. Am I eligible to participate in ! If you received notification email with the program code used to the MS Home Use Program? authenticate and enter this website directly from your employer and your employer still has active Software Assurance coverage, then you I are eligible to participate. To order, you must be a user of a licensed copy with active Software Assurance coverage. If you have any questions regarding what software you are licensed to use and details on Software Assurance coverage, please contact the Benefits Administrator for the Home Use Program at your employer. j f _ What if I have more questions Please click the Contact Us link for a complete list of contact numbers about the Home Use Program? and email addresses. Ordering Questions tj Will tax be charged on Home Yes. The applicable country, state or provincial tax or VAT will be Use Program orders? applied to the order. This may include tax on shipping. By purchasing you may also have a tax liability for which you will be financially responsible. Can I order by telephone? No. At this time, you can order only online through this Microsoft@ Home Use Program Web site. s I � Is the Home Use Program No. Software purchased through the Microsoft@ Home Use Program licensed software eligible for may not be combined with an other promotions. other rebate offers? i y y p j What information do I need to You need to have your complete billing and shipping address, your have ready in order b buy phone number, a work email address where we may contact you online? about your order, and credit card information. After initially entering your authorization information, a secure link will be emailed to the iaddress you specify. This link will enable you to continue with the ordering process. Can I buy more than one licensed copy of any No. The Home Use Program only permits one order per product. application? i Can I buy older versions of i Home Use Program licensed 1 No, the Home Use Program only offers recent versions. software? j Why can't I order a particular j Only certain products for which your employer has licenses with active application through the Home Software Assurance coverage are available for ordering at this time. Use Program? There are also restrictions for your employer on the number of Home Use Program licenses that may be purchased by employees. Contact t your employer's Home Use Program Benefit Administrator if you have additional questions about availability of software through this program. Shipping Questions When will I receive my order? j This depends upon where the product is being shipped. For Asia Pacific, Japan, and Latin America, the product will ship within 21 days after the order is processed. For North America, Europe, the Middle East and Africa, the order will ship within 15 days after your order is processed. How do I get a shipment status I If your product has not arrived in 4 weeks, please refer to the Contact update? Us link and let us know so we can assist you further. I Returns Questions What is the return policy? Home Use Program software is a benefit of employment. We charge a nominal fee to cover the fulfillment costs such as packaging, shipping, handling, and program administration; therefore, we do not accept returns. If my software is damaged Contact customer assistance and request an RMA number and address during shipping, how can I to ship the damaged software back to Microsoft@. A replacement exchange it? package will be sent to you. Click the Contact Us link to obtain a complete list of phone numbers and email addresses for customer assistance. Privacy and Security Questions Is my credit card information Yes, your credit card information is secure. Microsof@ uses the Secure secure? Sockets Layer (SSL) and Private Communications Technology (PCT) security standards through secure servers to ensure that your transaction is completely safe. Is my personal information Microsoft@ is committed to your privacy and security. All personal private and secure? information collected by the Home Use Program site is securely stored and protected from unauthorized access. Your personal information will only be used to fulfill your order unless you indicate otherwise. i Please refer to our Privacy Policy for more information. Other Questions How do I get technical support ; You can find a tremendous amount of support information for on Home Use Program licensed Microsoft@ Office and the other software available from the Home Use software? I Program at http://office.microsoft.com. i I Another great starting point for support is the customized product support pages available at http://support.microsoft.com/default.aspx?scid=fh;rIn1:fags. Click on the application for which you're seeking support. If, after exploring self-support options you still need help, setup and installation support is provided for software acquired through the Home Use Program. Please refer to the support documentation I included with your product for more information. What if I need help with ` Setup and installation support is provided for software purchased j installing my product? through the Home Use Program. Please refer to the support documentation included with your product for more information. 1 COPY P 2 RESOLUTION NO. 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ISSUANCE OF AN AGREEMENT AND 4 PURCHASE ORDER TO COMPUCOM FOR AN UPGRADE WITH SOFTWARE ASSURANCE TO MICROSOFT OFFICE PROFESSIONAL PLUS 2007 ON 900 CITY 5 PCs. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY ' 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1: The City Manager is hereby authorized and directed to execute on 9 behalf of the City a Purchase Agreement at a cost of $402,678.00 for the purchase of an 10 upgrade with software assurance to Microsoft Office Professional Plus 2007 on 900 City 11 PCs, a copy of which is attached hereto as Exhibit A and incorporated herein. 12 13 SECTION 2: That the Mayor and Common Council of the City of San Bernardino 14 authorize the Director of Finance or his/her designee to issue an Annual Purchase Order 15 with two automatic one-year renewals to CompuCom in an amount not to exceed 16 $134,226.00 per year to upgrade 900 City PCs to Office Professional Plus 2007. The 17 Purchase Order shall reference the number of the resolution and shall read: "Upgrade 900 18 City PCs to Office Professional Plus 2007. Not to exceed $134,226," and shall incorporate 19 the terms and conditions of this resolution. 20 1 21 SECTION 3: These purchases are exempt from the formal contract procedures of 22 Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010, B3 of said Code, 23 "Purchases approved by the Mayor and Common Council". 24 SECTION 4: The above authorizations are rescinded if they are not issued/executed 25 within sixty (60) days of the passage of this Resolution. 26 27 28 5_p7 X0 . 01(� 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ISSUANCE OF AN AGREEMENT AND 3 PURCHASE ORDER TO COMPUCOM FOR AN UPGRADE WITH SOFTWARE ASSUARNCE TO MICROSOFT OFFICE PROFESSIONAL PLUS 2007 ON 900 CITY 4 PCs. 5 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held 7 on the day of , 2007, by the following vote,to wit: 8 9 Council Members Ayes Nays Abstain Absent 10 ESTRADA 11 BAXTER 12 BRINKER 13 DERRY 14 KELLEY 15 JOHNSON 16 17 McCAMMACK 18 19 Rachel G. Clark, City Clerk 20 The foregoing resolution is hereby approved this day of , 2007. 21 22 Patrick J. Morris, Mayor 23 City of San Bernardino 24 Approved as to form: 25 �ellyr"' J es F. Penman, City Attorney 26 27 28 PURCHASE AGREEMENT This Purchase Agreement is entered into this day of , by and between CompuCom ("VENDOR") and the City of San Bernardino ("CITY" or"San Bernardino"). WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for the purchase of software and client access licenses to upgrade City's e-mail; and, WHEREAS, the City of San Bernardino did solicit and accept quotes from available vendors for the purchase of said software and licensing. NOW, THEREFORE,the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages VENDOR to provide those products as set forth on Attachment"A," attached hereto and incorporated herein. 2. COMPENSATION AND EXPENSES. a. For the products and/or services delineated in Paragraph 1, above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the total amount of $402,678.00, in three annual installments of$134.226. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. This purchase shall be completed within sixty(60) days. This Agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. 4. INDEMNITY. CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and volunteers from any and all claims, actions, losses, damages and/or liability resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under the Agreement. VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and volunteers from any and all claim, actions, losses, damages and/or liability resulting from VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations under the Agreement. Page 1 of 4 EXHIBIT "A" In the event the CITY and/or the VENDOR is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this comparative fault. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law, except as permitted pursuant to Section 12940 of the California Government Code. 7. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain any licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 8. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Fred Wilson, City Manager City of San Bernardino 300 North"D" Street San Bernardino, CA 92418 Telephone: (909) 384-5122 TO THE VENDOR: CompuCom 3320 Data Drive, Suite 100 Rancho Cordova, CA 95670 Page 2 of 4 Telephone: (916) 5150113 9. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 10. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 11. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be the mandatory and not permissive in nature. 12. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 13. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 14. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 15. SEVERABILITY. Page 3 of 4 If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 16. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2007 COMPUCOM By: Its: Dated: , 2007 CITY OF SAN BERNARDINO By: Fred Wilson, City Manager Approved as to Form: By: James F. Penman, City Attorney 3 Page 4 of 4 C � COmpuCOm_ CompuCom Systems Inc. 7171 Forest Lane Dallas TX 75230 916-515-0113 www.compucom.com Ruth Parish City of San Bernardino IS Department 300 North D Street San Bernardino, CA 92418 Dear Ruth, In this email we look at the difference in price between a 3 and a 5 year EA enrollment, with"Office Pro Plus"only. Please let me know if you meant for me to keep the other products on there and I'll re-do these quotes. 3 year pricing Year 1 l 900 269-05924 Office Professional Plus Llc/SA 149.14 $134,226.00 $134,226.00 Year 2 900 269-05924 Office Professional Plus Lic/SA $149.14 $134,226.00 $134,226.00 Year 3 900 269-05924 Office Professional Plus Lic/SA $14914 $134,226.00 5134,226.00 i 5 year pricing Year 1 900 269-05924 Office Professional Plus Lic/SA $120.52 $108,468.00 $108,468.00 Year 2 900 269-05924 Office Professional Plus Lic/SA $120.52 $108,468.00 I $108,468.00 1 Year 3 900 269-05924 Office Professional Plus Lic/SA $120.52 $108,468.00 $108,468.00 Year 4 900 269-05924 Office Professional Plus Lic/SA $120.52 $108,468.00 $108,468.00 Year 5 900 269-05924 Office Professional Plus Lic/SA $120.52 $108,468.00 $108,468.00 1 anticipate that either a 3 or 5 year EA, with Office Pro Plus only would receive the following Software Assurance benefits. PLAN New Version Rights for Office Applications 900 Spread Payments Yes DEPLOY Desktop Deployment Planning Services 3 Da USE Training Vouchers 20 Employee Purchase Program(EPP) Yes Home Use Program(HUP) Yes Office e-Learning Kits Yes MAINTAIN Contacts for Web Support 4 TechNet Online Concierge Chat 2 Corporate Error Reporting Kit(CER) Yes TRANSITION Extended Hotfix Support for Office Applications Contract Fee Waived The Software Assurance benefits calculated by this tool are an estimate only.Microsoft makes no guarantees.See http://Iicensing.microsoft com for an official calculation of your benefits. Sincerely, John Robinson CompuCom Systems, Inc. 916-515-0113 John.robinson(cDcompucom.com If at any time during the contract period Microsoft revises their incentive programs for products,CompuCom shall have the right to revise our pricing. 2 Common Questions about the Home Use Program General Program Questions What is the Home Use T- he Nome Use Program is a benefit of Software Assurance, one of Program? I Microsoft® 's volume licensing programs. It provides a simple way for j employers to enable employees to work at home with the same I Microsoft@ products they use at work. What is Software Assurance? IIII Software Assurance ensures that organizations have access to the latest Microsoft® software and provides a range of benefits delivering I productivity enhancements, support and tools and training. The Home i Use Program is one of the productivity-enhancing benefits of Software Assurance. — Am I eligible to participate in I If you received notification email with the program code used to the MS Home Use Program? i authenticate and enter this website directly from your employer and i your employer still has active Software Assurance coverage, then you are eligible to participate. To order, you must be a user of a licensed i copy with active Software Assurance coverage. If you have any questions regarding what software you are licensed to use and details ' on Software Assurance coverage, please contact the Benefits Administrator for the Home Use Program at your employer. What if I have more questions 1 Please click the Contact Us link for a complete list of contact numbers about the Home Use Program? I and email addresses. i Ordering Questions Will tax be charged on Home Yes. The applicable country, state or provincial tax or VAT will be Use Program orders? 1 applied to the order. This may include tax on shipping. By purchasing you may also have a tax liability for which you will be financially I responsible. Can I order by telephone? j No. At this time, you can order only online through this Microsoft® i Home Use Program Web site. t Is the Home Use Program '1 No. Software purchased through the Microsoft@ Home Use Program i licensed software eligible for i may not be combined with any other promotions. 1 other rebate offers. I — — — -— What information do I need to You need to have your complete billing and shipping address, your ` have ready in order to buy ' phone number, a work email address where we may contact you online? I about your order, and credit card information. After initially entering i your authorization information, a secure link will be emailed to the address you specify. This link will enable you to continue with the ordering process. —r-- - -- - — -------- - ----Can I buy more than one I licensed copy of any No. The Home Use Program only permits one order per product. application? ; Can I buy older versions of Home Use Program licensed No, the Home Use Program only offers recent versions. software? I Why can't I order a particular I Only certain products for which your employer has licenses with active 1 application through the Home Software Assurance coverage are available for ordering at this time. I Use Program? There are also restrictions for your employer on the number of Home f Use Program licenses that may be purchased by employees. Contact your employer's Home Use Program Benefit Administrator if you have i i additional questions about availability of software through this i 1 program. i Shipping Questions When will I receive my order? 1 This depends upon where the product is being shipped. For Asia j Pacific, Japan, and Latin America, the product will ship within 21 days , 7 I i after the order is processed. For North America, Europe, the Middle j East and Africa, the order will ship within 15 days after your order is processed. How do I get a shipment status If your product has not arrived in 4 weeks, please refer to the Contact update? q Us link and let us know so we can assist you further. Returns Questions What is the return policy? I Home Use Program software is a benefit of employment. We charge a i nominal fee to cover the fulfillment costs such as packaging, shipping, handling, and program administration; therefore, we do not accept returns. If my software is damaged ; Contact customer assistance and request an RMA number and address !: during shipping, how can I to ship the damaged software back to Microsoft®. A replacement exchange it? package will be sent to you. Click the Contact Us link to obtain a complete list of phone numbers and email addresses for customer assistance. Privacy and Security Questions Is my credit card information Yes, your credit card information is secure. Microsof@ uses the Secure secure? Sockets Layer (SSL) and Private Communications Technology (PCT) security standards through secure servers to ensure that your transaction is completely safe. Is my personal information Microsoft® is committed to your privacy and security. All personal private and secure? information collected by the Home Use Program site is securely stored and protected from unauthorized access. Your personal information will only be used to fulfill your order unless you indicate otherwise. Please refer to our Privacy Policy for more information. Other Questions How do I get technical support You can find a tremendous amount of support information for on Home use Program licensed Microsoft® Office and the other software available from the Home Use software? Program at htto://office.microsoft.com. i I i Another great starting point for support is the customized product ! support pages available at i htto://support microsoft com/default.asi)x?scid=fho[Inl:fags. Click on the application for which you're seeking support. I i If, after exploring self-support options you still need help, setup and i installation support is provided for software acquired through the j Home Use Program. Please refer to the support documentation included with your product for more information. What if I need help with i Setup and installation support is provided for software purchased installing my product? through the Home Use Program. Please refer to the support documentation included with your product for more information. PURCHASE AGREEMENT This Purchase Agreement is entered into this day of by and between CompuCom ("VENDOR") and the City of San Bernardino ("CITY" or"San Bernardino"). WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for the purchase of software and client access licenses to upgrade City's e-mail; and, WHEREAS, the City of San Bernardino did solicit and accept quotes from available vendors for the purchase of said software and licensing. NOW,THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages VENDOR to provide an upgrade with software assurance to Microsoft Office Professional Plus 2007 on 900 City PCs. 2. COMPENSATION AND EXPENSES. a. For the products and/or services delineated in Paragraph 1, above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the total amount of $402,678.00, in three annual installments of$134,226.00. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. This purchase shall be completed within sixty(60) days. This Agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. 4. INDEMNITY. CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and volunteers from any and all claims, actions, losses, damages and/or liability resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under the Agreement. VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and volunteers from any and all claim, actions, losses, damages and/or liability resulting from VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations under the Agreement. Page 1 of 4 In the event the CITY and/or the VENDOR is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this comparative fault. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law, except as permitted pursuant to Section 12940 of the California Government Code. 7. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain any licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 8. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Fred Wilson, City Manager City of San Bernardino 300 North"D" Street San Bernardino, CA 92418 Telephone: (909) 384-5122 TO THE VENDOR: CompuCom 3320 Data Drive, Suite 100 Rancho Cordova, CA 95670 Page 2 of 4 Telephone: (916) 5150113 9. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing parry all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 10. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 11. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be the mandatory and not permissive in nature. 12. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 13. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs,representatives, successors, and assigns. 14. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 15. SEVERABILITY. Page 3 of 4 If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 16. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 2007 COMPUCOM By: Its: Dated: , 2007 CITY OF SAN BERNARDINO By: Fred Wilson, City Manager Approved as to Form: i By . James F. Penman, City Attorney Page 4ot4 CCOmpuCOm- Ai,J•i�YM CUYn ivrr'An• CompuCom Systems Inc. 7171 Forest Lane Dallas TX 75230 916-515-0113 www.compucom.com Ruth Parish City of San Bernardino IS Department 300 North D Street San Bernardino, CA 92418 Dear Ruth, In this email we look at the difference in price between a 3 and a 5 year EA enrollment, with "Office Pro Plus"only. Please let me know if you meant for me to keep the other products on there and I'll re-do these quotes. 3 year pricing Year 1 f 900 269-05924 Office Professional Plus Lic/SA $'149.14 $134,226.00 1 $134,226.00 t i Year 2 900 269-05924 Office Professional Plus Lic/SA $149.14 $134,226.00 $134,226.00 Year 3 900 269-05924 Office Professional Plus Lic/SA $149.14 $134,226.00 i" $134,226.00 5 year pricing Year 1 i o00 1 269-05924 Office Professional Plus(Lic/SA) $120.52 $108,468.00 _1._$108,468.00 1 Year 2 900 269-05924 Office Professional Plus(Li SA) $120.52 $108,468.00 i I I $108,468.00 ) ' Year 3 900 269-05924 Office Professional Plus Lic/SA $120.52 $108,468.00 $108,468.00 I Year 4 900 269-05924 Office Professional Plus Lic/SA $120.52 $108,468.00 $108,468.00 Year 5 900 269-05924 Office Professional Plus Lic/SA $120.52 $108,468.00 $108,468.00 1 anticipate that either a 3 or 5 year EA, with Office Pro Plus only would receive the following Software Assurance benefits. PLAN New Version Rights for Office Applications 900 Spread Payments Yes DEPLOY Desktop Deployment Planning Services 3 Da USE Training Vouchers 20 Employee Purchase Program(EPP) Yes Home Use Program(HUP) Yes Office e-Learning Kits Yes MAINTAIN Contacts for Web Support 4 TechNet Online Concierge Chat 2 Corporate Error Reporting Kit(CER) Yes TRANSITION Extended Hotfix Support for Office Applications Contract Fee Waived The Software Assurance benefits calculated by this tool are an estimate only.Microsoft makes no guarantees.See http://licensing.microsoft.com for an official calculation of your benefits. Sincerely, John Robinson CompuCom Systems, Inc. 916-515-0113 John.robinson(a)compucom.com e If at any time during the contract period Microsoft revises their incentive programs for products,CompuCom shall have the right to revise our pricing. 2 _ - Common Questions about the Home Use Program f General Program Questions I What is the Home Use -TThe Home Use Program is a benefit of Software Assurance, one of Program? Microsoft@ 's volume licensing programs. It provides a simple way for employers to enable employees to work at home with the same Microsoft@ products they use at work. What is Software Assurance? I Software Assurance ensures that organizations have access to the latest Microsoft@ software and provides a range of benefits delivering productivity enhancements, support and tools and training. The Home j Use Program is one of the productivity-enhancing benefits of Software i I Assurance. Am I eligible to participate in If you received notification email with the program code used to the MS Home Use Program? authenticate and enter this website directly from your employer and your employer still has active Software Assurance coverage, then you are eligible to participate. To order, you must be a user of a licensed copy with active Software Assurance coverage. If you have any questions regarding what software you are licensed to use and details on Software Assurance coverage, please contact the Benefits Administrator for the Home Use Program at your employer. What if I have more questions i Please click the Contact Us link for a complete list of contact numbers about the Home Use Program? and email addresses. Ordering Questions Will tax be charged on Home Yes. The applicable country, state or provincial tax or VAT will be Use Program orders? applied to the order. This may include tax on shipping. By purchasing you may also have a tax liability for which you will be financially responsible. Can I order by telephone? No. At this time, you can order only online through this MicrosoftCp Home Use Program Web site. Is the Home Use Program No. Software purchased through the Microsoft@ Home Use Program licensed software eligible for other rebate offers? may not be combined with any other promotions. What information do I need to You need to have your complete billing and shipping address, your have ready in order to buy phone number, a work email address where we may contact you online? about your order, and credit card information. After initially entering your authorization information, a secure link will be emailed to the address you specify. This link will enable you to continue with the ordering process. Can I buy more than one licensed copy of any No. The Home Use Program only permits one order per product. application? i Can I buy older versions of Home Use Program licensed i No, the Home Use Program only offers recent versions. software? I Why can't I order a particular Only certain products for which your employer has licenses with active application through the Home Software Assurance coverage are available for ordering at this time. Use Program? There are also restrictions for your employer on the number of Home j Use Program licenses that may be purchased by employees. Contact your employer's Home Use Program Benefit Administrator if you have additional questions-about availability of software through this } I program. I is ------------------ —--- ---------------------- ------- Shipping Questions j When will I receive my order? i This depends upon where the product is being shipped. For Asia Pacific, Japan, and Latin America, the product will ship within 21 days r I after the order is processed. For North America, Europe, the Middle East and Africa, the order will ship within 15 days after your order is ' processed. , How do I get a shipment status If your product has not arrived in 4 weeks, please refer to the Contact j update? I Us link and let us know so we can assist you further. i i Returns Questions What is the return policy? Home Use Program software is a benefit of employment. We charge a nominal fee to cover the fulfillment costs such as packaging, shipping, handling, and program administration; therefore, we do not accept returns. If my software is damaged Contact customer assistance and request an RMA number and address during shipping, how can I to ship the damaged software back to Microsoft®. A replacement exchange it? package will be sent to you. Click the Contact Us link to obtain a complete list of phone numbers and email addresses for customer assistance. Privacy and Security Questions Is my credit card information Yes, your credit card information is secure. Microsof® uses the Secure secure? Sockets Layer (SSL) and Private Communications Technology (PCT) security standards through secure servers to ensure that your transaction is completely safe. Is my personal information Microsoft@ is committed to your privacy and security. All personal private and secure? information collected by the Home Use Program site is securely stored and protected from unauthorized access. Your personal information will only be used to fulfill your order unless you indicate otherwise. Please refer to our Privacy Policy for more information. Other Questions How do I get technical support You can find a tremendous amount of support information for on Home use program licensed Microsoft@ Office and the other software available from the Home Use software? Program at http://office.microsoft.com. Another great starting point for support is the customized product support pages available at htto://su000rt.microsoft.com/default-asi)x?scid=fh;rinl;fags. Click on the application for which you're seeking support. If, after exploring self-support options you still need help, setup and installation support is provided for software acquired through the Home Use Program. Please refer to the support documentation included with your product for more information. What if I need help with Setup and installation support is provided for software purchased installing my product? through the Home Use Program. Please refer to the support documentation included with your product for more information. i 1 CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management(RIM) Program DATE: November 9, 2007 TO: Tom Marek, Director Information Technology FROM: Sandra Medina, Assistant City Clerk RE: Transmitting Documents for Signature—Resolution 2007-441 At the Mayor and Common Council meeting of November 5, 2007, the City of San Bernardino adopted Resolution No. 2007-441 —Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the issuance of an agreement and purchase order to CompuCom for an upgrade with Software Assurance to Microsoft Office Professional Plus 2007 on 900 City PCs. Attached are one (1) Purchase Agreement between CompuCom and the City of San Bernardino and two (2) duplicate originals of the agreement to be executed by the parties. Please obtain signatures in the appropriate locations and return the ORIGINAL agreement to Margaret Fedor in the City Clerk's Office as soon as possible. Please retain one (1) duplicate original of the agreement for your records and forward one (1) duplicate original to the appropriate party. Please be advised that the agreement will be null and void if not executed within sixty (60) days, or by Friday,January 4, 2008. I hereby acknowled e receipt of the above mentioned documents. Signed: Please sign and return Date: SM/mf