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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Dept:
CITY ATTORNEY
O,....~"'.L
July 30, 2002 .. i . . .... i i . ..-1
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino Authorizing the Execution of
Purchase Orders for the Purchase of
Computer Equipment and its Companion
Maintenance Agreement and Authorizing
the City Attorney to Execute Said
Maintenance Agreement.
Date:
Synopsis of Previous Council Action:
Mayor and Council approved and adopted the 2002-2003 Budget for the City Attorney's
Office which included the sum of $80,700.00 for the purchase of computer equipment and
Maintenance Agreement.
Recommended motion:
That said Resolution be adopted.
1--.. 7.~
Signature
Contact person: James F. Penman
Phone:
5255
Supporting data attached:
Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount: $44.232.30:
$15.000.00
Source: 001-051-5702:
001-051-5172
Finance:
Council Notes:
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AgWdalremN'.~
HTC/ed[computer.rca]
STAFF REPORT
Council Meeting Date: August 5. 2002
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
James F. Penman, City Attorney
July 30, 2002
Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of Purchase Orders for the
Purchase of Computer Equipment and its Companion Maintenance
Agreement and Authorizing the City Attorney to Execute Said
Maintenance Agreement
The Mayor and Common Council previously approved and adopted the 2002-2003 Budget
for the City Attorney's Office which included the sum of $65,700.00 for the purchase of computer
equipment.
The City Attorney's Office's current computer equipment is seven (7) years old (purchased
in 1995). The computers have become extremely slow and freeze up continually due to lack of hard
drive space. The monitors are 14" and very hard on the eyes. It is no longer cost effective to
upgrade the current system <m.d it is becoming far too expensive to maintain.
After meeting with the Director ofInforrnation Services and obtaining her input, we sent out
Requests for Quotations on DELL, Gateway or Compaq computers only. After reviewing and
discussing the quotations with the Director ofLS., we concluded that DELL equipment would best
meet our needs. DELL sells a proven product and provides a three (3) year warranty. In addition,
DELL has remained stable while many other computer companies have not. Imagine Systems, Inc.
is located at 330 North "D" Street, and their technicians will have a quick response time to City Hall
on their service agreement.
The City Attorney's Office requested quotes for computer equipment from the following five
(5) vendors:
Imagine Systems, Inc. $44,232.30 (on DELL)
Inland Computer Systems $44,445.59 (on Compaq)
Burtronics $39,583.15 (on Gateway)
Computer Options
$32,554.13 (recommended DELL, but did not supply
a quote on DELL because Computer Options
builds their own computers.)
HTCled[computer.srp]
Economy Upgrades
$17,645.57 (not responsive to RFQ directions. They
also build their own computers; RFQ
called for quote on DELL, Gateway or
Compaq only.)
Imagine Systems is the lowest, most responsive and best bidder. A copy of the quote obtained from
Imagine Systems, Inc., listing in detail the equipment to be purchased, is attached hereto as Exhibit
HA".
It is requested by the City Attorney that the form motion be adopted:
The Purchasing Manager of the City of San Bernardino is hereby authorized and directed to
execute on behalf of the City Attorney's Office, City of San Bernardino, a Purchase Order in the
amount of $44,232.30 for the purchase of computer equipment from Imagine Systems, Inc. as set
forth in Quote No. 034, attached hereto as Exhibit "A", and a Purchase Order in an amount not to
exceed $15,000.00 for the Maintenance Agreement which the City Attorney is authorized to execute
as attached hereto as Exhibit "B".
HTC/ed[ computer.srp]
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I RESOLUTION NO.
2 Resolution ofthe Mayor and Common Council ofthe City of San Bernardino Authorizing the
Execution of Purchase Orders for the Purchase of Computer Equipment and its Companion
3 Maintenance Agreement and Authorizing the City Attorney to Execute Said Maintenance
Agreement
4
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERJ\rARDINO AS FOLLOWS:
7 SECTION 1. The Purchasing Manager of the City of San Bernardino is hereby authorized
8 and directed to execute on behalf of the City Attorney's Office, City of San Bernardino, a Purchase
9 Order in the amount of$44,232.30 for the purchase of computer equipment from Imagine Systems,
10 Inc. as set forth in Quote No. 034, attached hereto as Exhibit "A", and a Purchase Order in an
II amount not to exceed $15,000.00 for the Maintenance Agreement which the City Attorney IS
12 authorized to execute as attached hereto as Exhibit "B".
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HTC/ed [computer.res] 1
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7 thereof, held on the day of
8 COUNCIL MEMBERS: AYES NAYS
9 ESTRADA
10 LIEN
II MCGINNIS
12 DERRY
13 SUAREZ
14 ANDERSON
0 15 MCCAMMACK
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RESOLUTION NO.
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of Purchase Orders for the Purchase of Computer Equipment and its Companion
Maintenance Agreement and Authorizing the City Attorney to Execute Said Maintenance
Agreement
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meetin
,2002, by the following vote, to wit
ABSTAIN ABSENT
CITY CLERK
The foregoing Resolution is hereby approved this
day of
,2002.
JUDITH VALLES, Mayor
City of San Bernardino
Approved as to form and
legal content:
JAMES F. PENMAN,
City Attorney
HTC/ed [computer.res]
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@nagine
Quote: 034 (21/ll revised)
Date: July 23, 2002
Imagine Systems, Inc.
330 North D Street
Suite 125
San Bernardino, CA 92401
Tel: 909-889-5060
Fax: 909-889-4020
Client:
City of San Bernardino
Office of the City Attorney
HARDWARE:
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DELL, Intel, P4, 1.7GHz, XP operating system, 512MB memory, 40GB storage
15" flat panel monitors, tower, NIC, expansion slots, keyboard, mouse,
Floppy, CD, internal modem, sound & speakers, network card,
3 year warranty
Qty: 12
same as above with 17" flat panel monitor, $1696 each
$20,352.00
(17" flat panel monitor is $345.)
Same PC as above (with 17" flat panels) plus CDRW
Qty: 4 $1,760.00 each $ 7,040.00
Same PC with 17" flat panel and CD/RW,DVD
Qty: 2 $1,863.00 each $ 3,726.00
Qty: 2 Notebook $ 5,199.98
Qty: 1 HP 4100N $ 1,599.00
Qty: 4 HP 1200 lasers $399.99 each $ 1,599.96
Qty: 1 HP 2230 inkjet $ 399.00
0 Qty: 1 24 port 3COM switch $ 599.00
Qty: 1 HP Scanjet 5470cxi $ 299.00
EXHIBIT "A"
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SOFTWARE:
Trend Microscan Vims s/w, 25 user license.
Qty: 1
Trend Microscan Virus s/w, 25 user license
$ 236.92
Subtotal:
$41,050.86
Tax:
$ 3,181.44
Total:
$44,232.30
SERVICES:
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Time & Materials agreement in which Imagine would do all our installation of new
equipment and software, may include a couple of cable pulls, labeling at each end of existing
wiring, (there are about 20 stations), set up of virus software such that updates occur daily
and everyone is protected, moving data off old machines to new where necessary, set up of
printers/drivers, set up of backup system and training user on backups of server, periodic
system administration of the server, set up of appropriate security per user and at server, may
be asked to interface with our ISP on our behalf, install of additional network switch,
network security review and monitoring, and on-going troubleshooting and maintenance
services of all technology in the department.
Also, review server for most economical, but adequate external tape drive unit, and
appropriate amount of disc storage on the driver. Provide quotes.
Imagine will provide complete installation services at the time of purchase, and the City
Attorney's Office will be able to call throughout the fiscal year for any reason and get help
by phone or in person, whichever the case calls for. The above pricing includes Y2 hour of
installation time per new unit purchased. It does not include any time for data transfer, etc.
All additional time needed pursuant to the purchase of new equipment will be subject to the
rates set forth in the attached IT Maintenance Agreement.
Hourly rate: See Attached IT Maintenance Agreement
Said Quote shall be good for 60 days from the date set forth above.
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EXHIBIT "A"
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IT MAINTANENCE AGREEMENT
I. Identification of the Parties: This Agreement is made between the San
Bernardino City Attorney's Office (the "Customer") with a principal place of
business at 300 North D Street, San Bernardino, CA 92418, and Imagine
Systems, Inc. (the Provider) with a principal place of business at 330 North D
Street, Suite 125, San Bernardino, CA 92401.
2. Purpose of Agreement: Customer desires to retain Provider as an independent
contractor to provide information technology ("IT") support for all of
Customer's IT related equipment. Provider is ready, willing and able to
provide the IT services needed by the Customer, and agrees to do so under the
terms and conditions set forth in this Agreement. Accordingly, the parties
agree as follows:
3. Service Fees:
Routine Hardware Service (hourly rate):
(Monday - Friday 9-6)
Same Day Hardware Service (hourly rate):
(Monday - Friday 9-6)
Off-Hours Hardware Service (hourly rate):
$40.00
$40.00
$54.00
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Said rates referenced above do not include the price of parts and hardware that
may be needed from time to time to effectuate needed repairs, upgrades, etc.
All parts and hardware will be billed separately and costs will be determined
based on the parts and hardware required to complete the job. Any software
related service will be billed at regular hourly rates of$75.00 per hour.
Software services shall include, installation of software, data-transfers,
software configuration, etc. Cabling for CA T5 network cable services shall
run $100 per line run.
All purchases and requests for services outside the normal scope of this
Agreement shall first be approved by an authorized representative of the City
Attorney's Office.
4. Payment:
Provider shall be compensated at the rates as set forth above. Payment will be
made within thirty (30) days of Provider's submission of an invoice for work
completed.
5. Payment of Provider's Costs:
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Customer shall reimburse Provider for all out-of-pocket expenses incurred by
Provider in performing services under this Agreement. No expenses shall be
incurred without Customer's prior approval. Such expenses include, but are
not limited, to:
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(a) all long distance communications charges
(b) travel expenses other than normal commuting, including airfares,
rental vehicles, and highway mileage in company or personal vehicles
at .25 cents per mile.
6. Late Fees:
Late payments by Customer shall be subject to late penalty fees of 10% per
annum from the due date until the amount is paid, unless an invoice includes
disputed amounts, at which time extensions for payment may be granted until
said dispute is resolved.
7. Materials
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Customer shall make available to Provider, at Customer's expense, the
following materials: access as needed to all IT related equipment that may
need service or upgrades; access to Customer's server so Provider may make
recommendations related to upgrades and or replacement; and access to any
service records related to previous service to IT equipment o\"ned by
Customer in order for Provider to make recommendations related to recurring
service issues. These items will be provided to Provider as needed by
Customer.
8. Changes in Project Scope:
If at any time following acceptance of the terms of this Agreement by
Customer, Customer should desire a change in Provider's performance under
this Agreemeilt, Customer shall submit to Provider a wTitten proposal
specifying the desired changes.
Provider will evaluate each such proposal at its standard rates and charges.
Provider shall submit to Customer a written response to each such proposal
\\ithin ten (10) working days following receipt thereof. Provider's written
response shall include a statement of the availability of Provider's personnel
and resources. as :well as any impact the proposed changes will have on the
contract price. delivery dates of warranty provisions ofthis Agreement.
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For purposes of this Agreement, each Modification Agreement duly
authorized in \"Titing by Customer and Provider shall be deemed incorporated
into and made part of this Agreement. Each such Modification Agreement
shall constitute a formal change to this Agreement adjusting fees and
completion dates as finally agreed upon.
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9. Delays:
Provider shall use all reasonable efforts to deliver the services on schedule.
Any delay or nonperfonnance of any provision of this Agreement caused by
conditions beyond the reasonable control of the perfonning party shall not
constitute a breach of this Agreement, provided that the delayed party has
taken reasonable measures to notify the other of the delay. The delayed
party's time for perfonnance shall be deemed to be extended for a period
equal to the duration of the conditions beyond its control.
Conditions beyond a party's reasonable control include, but are not limited to,
natural disasters, acts of government after the date of the Agreement, power
failure, fire, flood, acts of God, labor disputes, riots, acts of war and
epidemics.
Any delay caused by the failure of Customer to submit material, shall act as
an extension or time in which Provider has to complete this Agreement. Said
failure on the part of Customer shall also be deemed a condition beyond the
control of Provider.
10. limitation of Provider's Liability to Customer:
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(a) In no event shall Provider be liable to Customer for lost profits of
Customer, or special or consequential damages, even if Provider has been
advised of the possibility of such damages.
(b) Provider's total liability under this Agreement for damages, costs and
expenses, regardless of cause, shall not exceed the total amount of fees
paid to Provider by Customer under this Agreement.
(c) Provider shall not be liable for any claim or demand made against
Customer by any third party except to the extent such claim or demand
relates to copyright, trade secret or other proprietary rights.
(d) Customer shall indemnify Provider against all claims, liabilities and costs,
including reasonable attorney fees, of defending any third party claim or
suit arising out of the use of the services provided under this Agreement,
other than for infringement of intellectual property rights. Provider shall
promptly notify Customer in \\Titing of any third party claim or suit and
Customer shall have the right to fully control the defense and any
settlement of such claim or suit.
II. Confidentiality:
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Customer acknowledges that the hardware and software owned by Customer
is Customer's sole and exclusive property. Provider shall treat the
infonnation obtained while servicing said hardware on a confidential basis
and shall not, at any time, disclose the infonnation contained on said hardware
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or supporting documentation to any other person, firm, organization or
employee who does not need to obtain access thereto consistent with
Customer's rights under this Agreement. Provider shaH devote its reasonable
best efforts to ensure that aH persons afforded access to the Customer's
hardware and supporting documentation protect Customer's information
against unauthorized use, dissemination or disclosure.
12. Term of Agreement:
This Agreement commences on the date it is executed and shall continue for
one (1) year, or until earlier terminated by one party under the terms of this
Agreement. Customer has the option of extending said Agreement for periods
of one (I) year. Actual option year pricing shall be negotiated between the
parties to this Agreement prior to exercising and given option year. Option
years shaH only become effective upon issuance by the Customer of a valid
purchase order.
13. Termination of Agreement:
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Provider and/or Customer shaH have the right to terminate this Agreement by
written notice to the other party at any time provided said party provide 30
days \VTitten notice to the other party of said intent to terminate this
Agreement.
14. Taxes:
The charges included here do not include ta:xes. If Provider is required to pay
any federal, state or local sales, use, property or value added taxes based on
the services provided under this Agreement, the taxes shaH be separately
biHed to Customer. Provider shaH not pay any interest or penalties incurred
due to late payment or nonpayment of such taxes by Customer.
15. Provider an Independent Contractor:
Provider is an independent contractor, and neither Provider nor Provider's
staff is, or shall be deemed, Customer's employees. In its capacity as an
independent contractor, Provider agrees and represents, and Customer agrees,
as foHows:
(a) Provider has the right to perform services for others during the term of this
Agreement subject to noncompetition provisions set out in this
Agreement, if any.
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(b) Provider has the sole right to control and direct the means, manner and
method by which the services required by this Agreement will be
performed.
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(c) Provider has the right to perform the services required by this Agreement
at any place or location and at such times as Provider may determine.
(d) Provider will furnish all equipment and materials used to provide the
services required by this Agreement, except to the extent that Provider's
,"vork must be performed on or with Customer's computer or existing
software.
(e) The services required by this Agreement shall be performed by Provider,
or Provider's staff, and Customer shall not be required to hire, supervise or
pay any assistants to help Provider.
(f) Provider is responsible for paying all ordinary and necessary expenses of
its staff.
(g) Neither Provider nor Provider's staff shall receive any training from
Customer in the professional skills necessary to perform the services
required by this Agreement.
(h) Neither Provider nor Provider's staff shall be required to devote full-time
to the performance of the services required by this Agreement.
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(i) Customer shall not provide insurance coverage of any kind for Provider or
Provider's staff.
Provider shall maintain the following types of insurance with limits as
shown:
a. Workers Compensation as required by the laws of the State of
California, including Employment Liability with $250,000 limits
covering all persons providing service on behalf of Provider and all
risks to such persons under this Agreement.
b. Comprehensive General and Automobile Liability Insurance
coverage to include contractual coverage and automobile coverage
for owned, hired and non-owned vehicles. The policy shall have at
least a combined single limit of $1 ,000,000.00 for body and
property damage.
c.
Provider shall furnish certificates of insurance and certified copies
of all policies and endorsements to the Customer evidencing the
insurance coverage above required prior to the commencement of
performance of services hereunder, which certificate shall provide
that such insurance shall not be terminated or expire without thirty
(30) days 'WTitten notice to the Customer, and shall maintain such
insurance from the time Provider commences performance of
service hereunder until the completion of such services.
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All policies, with respect to the insurance coverage above required,
except for the Workers Compensation insurance coverage and
professional liability coverage, if applicable, shall obtain additional
endorsements naming the City of San Bernardino and all parties
represented under this Agreement, their employees, agents,
volunteers and officers as additional named insured with respect to
liabilities arising out of the performance of services hereunder.
All policies required above are to be primary and non-contributing
\vith any insurance or self-insurance programs carried or
administered by the City of San Bernardino or other parties
represented under this Agreement.
U) Customer shall not withhold from Provider's compensation any amount
that would normally be withheld from the employee's pay.
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(k) Provider shall provide qualified staff to perform the services required
under this Agreement. If Provider's staff is unable to complete required
service as needed, Provider shall attempt to the best of their ability to
provide staffing sufficient to provide the services required. However,
Provider shall not be required to hire additional staff, or utilize outsourced
services in the completion ofthis Agreement.
16. Non-Solicitation of Employees:
Both parties to this Agreement agree not to knowingly hire or solicit either
party's employees during performance of this Agreement and for a period of
six (6) months after termination of this Agreement without the other parties
\\Titten consent.
17. Mediation:
If a dispute arises under this Agreement, the parties agree to first try to resolve
the dispute with the help of a mutually agreed-upon mediator in the following
location:
San Bernardino County, California. Any costs and fees other than attorney
fees associated with the mediation shall be shared equally by the parties.
18. Attorney Fees:
If any legal action is necessary to enforce this Agreement, the prevailing party
shall be entitled to reasonable attorney fees, costs and expenses.
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19. General Provisions:
(a) Complete Agreement: This Agreement together with all exhibits,
appendices or other attachments, which are incorporated herein by
reference, is the sole and entire Agreement between the parties. This
Agreement supersedes all prior understandings, agreements and
documentation relating to such subject matter. In the event of a conflict
between the provisions of the main body of the Agreement and any
attached exhibits, appendices or other materials, the Agreement shall take
precedence.
(b) Modifications to Agreement: Modifications and amendments to this
Agreement, including any exhibit or appendix hereto, shall be enforceable
only if they are in writing and are signed by authorized representatives of
both parties.
(c) Applicable law: This Agreement will be governed by the laws of the State
of California.
(d) Notices: All notices and other communications given in connection with
this Agreement shall be in writing and shall be deemed given as follows:
. When delivered personally to the recipient's address as appearing in the
introductory paragraph to this Agreement;
· Three days after being deposited in the United States mails, postage
prepaid to the recipient's address as appearing in the introductory
paragraph to this Agreement, or
· When sent by fax to telex to the last fax or telex number of the recipient
known to the party giving notice. Notice is effective upon receipt
provided that a duplicate copy ofthe notice is promptly given by first-
class or certified mail, or the recipient delivers a written confirmation of
receipt.
Any party may change its address appearing in the introductory paragraph to
this Agreement by giving notice of the change in accordance with this
paragraph.
(e) No Agency: Nothing contained herein will be construed as creating any
agency, partnership, joint venture or other form ofjoint enterprise between
the parties.
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20. Signatures:
Each party represents and warrants that on this date they are duly authorized
to bind their respective principals by their signatures below.
Customer: OFFICE OF THE CITY ATTOR.J'IEY, CITY OF SAN
BERNARDINO
By:
(signature)
(typed or printed name)
Title:
Date:
Developer: IMAGINE SYSTEMS, INC.
By:
(signature)
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J. Pat Ferraris. J.D.
Title: Business Development Manager
Date: August. 2002
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): l? -5 -o::l Item # ';) " Resolution # d(:j:J.;)- - ;;;2f, 10
Vote: Ayes /-"'1 Nays k'r Abstain ..e-- Absent ~
Change to motion to amend original documents:
Reso. # On Attachments: / Contract tenn:
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor:
'6' (--Q :)-
Date of Mayor's Signature: Y-lr-o?
Date ofClerklCDC Signature: <;'--<'<-0 r-
Date Memo/Letter Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney /
Parks & Rec.
Code Compliance
Dev. Services
Public Services
Water
Police
Notes:
NullNoid After: -
By: -
Reso. Log Updated: V
Seal Impressed:
./
Date Returned: 10 '''.'0''
YesL No By
Yes NoL By
Yes No~ By
Yes No -5- By
Yes No By
EDA
Finance ~
MIS
Others:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: n:n:-
Date: j{) -:;;>'1,o?--
Revised 01112/01