HomeMy WebLinkAbout2007-441
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RESOLUTION NO. 2007-441
RESOLUTION OF 1HE MAYOR AND COMMON COUNCIL OF 1HE CITY OF
SAN BERNARDINO AUTHORIZING 1HE 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.
BE IT RESOLVED BY 1HE MAYOR AND COMMON COUNCIL OF 1HE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1: The City Manager is hereby authorized and directed to execute on
behalf of the City a Purchase Agreement at a cost of $402,678.00 for the purchase of an
upgrade with software assurance to Microsoft Office Professional Plus 2007 on 900 City
PCs, a copy of which is attached hereto as Exhibit A and incorporated herein.
SECTION 2: That the Mayor and Common Council of the City of San Bernardino
authorize the Director of Finance or hislher designee to issue an Aminal Purchase Order
with two automatic one-year renewals to CompuCom in an amount not to exceed
$134,226.00 per year to upgrade 900 City PCs to Office Professional Plus 2007. The
Purchase Order shall reference the number of the resolution and shall read: "Upgrade 900
City PCs to Office Professional Plus 2007. Not to exceed $134,226," and shall incorporate
the terms and conditions of this resolution.
SECTION 3: These purchases are exempt from the formal contract procedures of
Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010, B3 of said Code,
"Purchases approved by the Mayor and Common Council".
SECTION 4: The above authorizations are rescinded if they are not issued/executed
within sixty (60) days of the passage of this Resolution.
/11
/11
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE ISSUANCE OF AN AGREEMENT AND
PURCHASE ORDER TO COMPUCOM FOR AN UPGRADE WITH SOFTWARE
ASSUARNCE TO MICROSOFT OFFICE PROFESSIONAL PLUS 2007 ON 900 CITY
PCs.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a j oint reg meeting thereof, held
on the 5th day of November. 2007, by the following vote, to wit:
Council Members Aves Navs Abstain Absent
ESTRADA x
-
BAXTER x
BRINKER x
DERRY --1L-
KELLEY x
JOHNSON x
McCAMMACK --X-
~~jj. CltuJJ
h 5JOM~~~~Clerk
The foregoing resolution is hereb~proVed this 7'1;11 day of ~~$.
~ :t~_.
trick -:M;;rris, Ma .
CI an Bernardino
Approved as to form:
FM 1-.P~
es F. Penman, City Attorney
2007-441
~
PURCHASE AGREEMENT
This Purcbase A~~!!!tj! cptered into this 5 ~ day of hi ~, ~ 0,1
by and between CompuCom:{"VENOO'f1 and the City of San Bernardino ("CITY" or "San
Bernardino"). .,
WHEREAS. the Mayor and Common Council bas 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 I, above, the CITY, upoo
presentation of an invoice, shall pay the VENDOR up to the total lIIIIOUIIt of
S402,678.00, in three annual installments ofSl34.226.
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 bold harmless VENDOR., its officers, agents and
volunteers from any and all claims, actions, losses, damllges and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance ofits obligations
under the Agreement
VENDOR agrees to indemnify and bold harmless the CITY, its officers, agents, md
volunteers from any and all claim, actions, losses, damllges and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement
Page lof4
BXHIBIT -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 &om their Icspcctive 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 sball maintain in effect policics of comprebensive public, general and automobile
liability insurance, in the amolD1t of S 1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and sba\l file copies of said policies with the CITY's Risk
Manager prior to undertaking any work lDlder this Agreement CITY sball be set forth IS an
additional named insw'ed in eacb policy of insurance provided bcreID1dcr. The Certificate of
Insurance furnished to the CITY sball 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 sball 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 pbysical disability, medical condition, marital status. sexual gender or
sexual orientation, or any other status protected by law, except IS permitted pursuant to Section
12940 oflbe 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 arc legally required of VENDOR
to practice its blls;........ or profession.
8. NOTICEs.
Any notices to be given pursuant to this Agreement sball be deposited with the United
States Postal Service, postage prepaid and addressed IS follows:
TO THE VENDOR:
Fred Wilson, City Manager
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Telephone: (909) 384-5122
CompuCom 51'1.576-;..(5- lIVe.
3320 Data Drive, Suite 100
Rancho Cordova, CA 95670
TOTBECITY:
Page 2 of 4
Telephone: (916) SISOl13
9. ATTORNEYS' RES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party sball be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incuaed 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 bebalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
10. ASSIGNMENT.
VENDOR sbal1 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 sball be void
and sball constitute a breacb of this Agreement and cause for the termination of this
Agreement Regardless of CITY's consent, no subletting or assignment sball 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 pro<"-til1gs arising in connection with this
Agreement sball be tried and litigated either in the State courts located in the Cowty 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 oature.
12. GOVERNING LAW.
This Agreement sball be governed by the laws of the State of California.
13. SUCCESSORS AND ASSIGNS.
This Agreement sbal1 be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
14. BEADINGS.
The subject be>odil1gll of the sections of this Agreement are included for the purposes of
convenience only and sbal1 not affect the construc:tion or the interpretation of any of its
provisions.
15. SEVERABILITY.
Page 3 of4
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenfon:cable for any rasoo. such determination shall not affect the validity or
enforceability of the .........ini", terms and provisioDS hereof or of the offending provision in my
other circumstance, and the run..ining provisiODS of this Agreement shall n:main in full force
and effect.
16. ENTIRE AGREEMENT; MODlnCATlON.
This ~ CODSIitutcs the entire agreement and the understanding between the
parties, and superc:edes any prior agreements and understandings relating to the subject mJlllner
of this Agreement This Agreement may be modified or amended only by a written ins1rumeat
executed by 1111 puties to this Agreement
IN WITNESS TIlEREOF, the puties hereto have executed this Agreement on the day
and date set forth below.
Dated: / J..j ~ 7 .2007 -x.{'S/ Ir>fC.
By:
Its:
Dated:
.2007
By:
Approved as to Form:
B#-a~
J F. PenmJIII, City Attorney
Page 4 of4
'C)
~ompuCom,
................. C<l~.~. ~"'.........
CompuCom Systems Inc.
7171 Forest Lane
Dallas TX 75230
916-515-0113
WWW.comDucom.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 Dricinll
Year 1
//
/
1.900 I 269.05924 Office Professional Plus lLidSA\ S'\4914 $134,22600
I /
I $134,226.00
I
Year 2
900 269-05924 Office Professional Plus (Lie/SA\ i $14914 $134,22600
,
I' $134,226.00
Year 3
900
269-05924
Office Professional Plus LiclSA
$149.14 $134,226.00
\
$134,22600
/
/
5 year pricing
Year 1
900 269-05924 Office Professional Plus llie/SAl $120.52 $108,468.00
$108,46800
Year 2
900 269-05924 Office Professional Plus (licJSAI $12052 $108,46800
$108.46600
ATTACHMENT "A"
-.
Year 3
900 269-05924 Office Professional Plus fUdSAl $120.52 $108.46800
$108,468.00
Year 4
900 269-05924 Office Professional Plus (licJSA) $12052 $108,468.00
$108,46800
Year 5
900 269-05924 Office Professional Plus fUdSA) $120.52 $108,46800
$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 RiahlS for Office ArlOlicalions 900
Smead Pavmenls Yes
DEPLoY
Oesktoo Oeolovment Plannina Services 3 Dav
USE
Trainina Vouchers 20
Emolovee Purchase Proaram tEPPI Yes
Home Use Prooram IHUPl Yes
Office e.Learnina Kits Yes
MAINTAIN
Contacls for Web Sunnel1 4
TechNet Online Concierne Chat 2
Coroorate Error Renortinn Kit leERl Yes
TRANSITION
Extended Hatfix Sunnnrt for Office Annlications Contract Fee Waived
The Software Assurance benefits calculated by this tool are an estimate only_ Microsoft
makes no guarantees See http://hcensing.microsoft.com for an official calculation of your
benefits.
I
I
Sincerely,
John Robinson
CompuCom Systems, Inc.
916-515-0113
John.robinson@compucom.com
If at any time during the contract period Microsoft revises their incentive programs for producls. CompuCom shall have the right to revise our pricing.
2
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