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HomeMy WebLinkAbout2007-440 1 2 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 RESOLUTION NO. 2007-440 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ISSUANCE OF AGREEMENTS AND PURCHASE ORDERS TO COMPUCOM AND EN POINTE TECHNOLOGIES FOR AN UPGRADE TO THE CITY EMAIL SYSTEM. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I: The City Manager is hereby authorized and directed to execute on behalf of the City an agreement with CompuCom for the purchase of software and licenses for City e-mail upgrade, at a total cost not to exceed $44,402.00, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 2: That the Director of Finance or hislher designee is hereby authorized to issue a Purchase Order to CompuCom in an amount not to exceed $44,402 to purchase software and client access licenses necessary to upgrade the City Email software. The Purchase Order shall reference the number of this resolution and shall read, "Software and client licenses for City Email upgrade, not to exceed $44,402," and shall incorporate the terms and conditions of this resolution. SECTION 3: The City Manager is hereby authorized and directed to execute on behalf of the City an agreement with EnPointe for the purchase of software and licenses for City e-mail upgrade, at a total cost not to exceed $26,507.00, a copy of which is attached hereto as Exhibit "B" and incorporated herein by reference. SECTION 4: That the Director of Finance or hislher designee is hereby authorized to issue a purchase order to En Pointe Technologies in an amount not to exceed $26,507 to replace the City's 3 email servers. The Purchase Orders shall reference the number of this . - 1 2 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 RESOLUTION OF TIIE MAYOR AND COMMON COUNCIL OF TIIE CITY OF SAN BERNARDINO AUTHORIZING TIIE ISSUANCE OF AGREEMENTS AND PURCHASE ORDERS TO COMPUCOM AND EN POINTE TECHNOLOGIES FOR AN UPGRADE TO TIIE CITY EMAIL SYSTEM. resolution and shall read, "WINil System Servers (3) replacement, not to exceed $26,507," and shall incorporate the terms and conditions of this resolution. SECTION 5: These purchases are exempt from the formal contract procedures of Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010, B3 of said Code, "Purchases approved by the Mayor and Common Council". SECTION 6: The above authorizations are rescinded if not executed/issued within sixty (60) days of the passage of this Resolution. III III III III III III III III III III III /II III III . 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 1 2 RESOLUTION OF 1HE MAYOR AND COMMON COUNCIL OF 1HE CITY OF SAN BERNARDINO AUTIlORIZING 1HE ISSUANCE OF AGREEMENTS AND 3 PURCHASE ORDERS TO COMPUCOM AND EN POINTE TECHNOLOGIES FOR AN UPGRADE TO 1HE CITY EMAIL SYSTEM. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint: TP.1l' meeting thereof, held on the 5t:h day of November .2007, by the following vote, to wit: Council Members Aves Navs Abstain Absent ESTRADA X BAXTER x BRINKER X DERRY x KELLEY --1L JOHNSON X McCAMMACK X ~ Sd~Jf~'fAtark,J:/~~~~/)IAt: The foregoing resolution is hereb~pproVed this TTW day o~;oofj ~~ 1 f San Bernardino Approved as to form: .) 2007-440 PURCHASE AGREEMENT This Purchase Agreement is entered into this be4\, day Of;V&VG41.6~ "u;1t17, by and between CompuCon{f~(jR/r~d 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 software and client licenses for City Email upgrade. 2. COMPENSATION AND EXPENSES. a. For the products and/or services delineated in Paragraph I, above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of $44,402.00. 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. 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 Page I of4 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 924 I 8 Telephone: (909) 384-5122 TO THE VENDOR: CompuCom ..sf;'.sr6~S;; I I /Vi!. 3320 Data Drive, Suite 100 Rancho Cordova, CA 95670 Telephone: (916) 5150113 Page 2 of 4 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 encwnber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encwnbrance 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. 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 Page 3 of 4 . ~. . . 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 WIlNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 11;2-7 ,2007 COMPUCOM 5' ':5r&/( ~ IIVC. By: Its: Richerd A. Me YtIOW ~""'oent & :::i8Cl'8t8ry Dated: ,2007 By: Approved as to Form: Page 4 of 4 2007-'440 PURCHASE AGREEMENT This Purchase Agreement is entered into this 5th day of November ,2007 by and between En Pointe Technologies ("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 three computer servers 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 e-mail servers. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages VENDOR to provide Email System Servers (3) replacement. 2. COMPENSATION AND EXPENSES. a. For the products delineated in Paragraph 1, above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of $26,507.00. 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 indenmify 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 I of 4 2007-440 In the event the CITY and/or the VENDOR is found to be comparatively at fault for any claim, action, loss, or dam'lge 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. S. 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 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5122 TO THE VENDOR: En Pointe Technologies 2381 Rosecrans Ave., Suite 325 EI Segundo, CA 90245 Telephone: (310) 725-5200 Page 2 of 4 2007-440 9. ATIORNEYS' 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 pwposes 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 pwposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. Page 3 of 4 . . 2007-440 15. SEVERABILITY. 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 TIlEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: NOll Itt-/l. ,2007 EN POINTE TECHNOLOGIES BY:~))VVtN~ Its: 11M It'<. b u.t(K!l-AJ J D~7nr ,2007 BERNARDINO By: Approved as to Form: ) Page 4 of 4