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HomeMy WebLinkAbout2010-376 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 RESOLUTION NO. 2010-376 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING A PURCHASE ORDER TO COMPUCOM FOR A ONE YEAR CONTINUANCE OF THE SOFTWARE ASSURANCE CONTRACT FOR MICROSOFT OFFICE PROFESSIONAL PLUS ON 900 CITY PCs. WHEREAS, on November 5, 2007, the Mayor and Common Council adopted Resolution No. 2007-441, authorizing a contract with CompuCom which will expire on December 31, 2010, for the purchase of software, software assurance and training, at an annual cost of $134,226, a copy of which is attached hereto and incorporated herein as Exhibit "A;" and, WHEREAS, CompuCom has offered to extend the contract for software assurance and training for an additional year at a cost of $74,097, as set forth on Exhibit "B," attached hereto and incorporated herein; BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1: The City Manager is hereby authorized and directed to accept on behalf of the City CompuCom's offer to extend the software assurance contract to the current version of Microsoft Office Professional Plus on 900 City PCs for an additional year to December 31,2011, as set forth on Exhibit "B," at a cost of $74,097.00. SECTION 2: That the Mayor and Common Council of the City of San Bernardino authorize the Director of Finance or his/her designee to issue a Purchase Order to Office Professional Plus Software Assurance on 900 City PCs. The Purchase Order shall reference the number of the resolution and shall read: "Microsoft Office Professional Plus Software Assurance for 900 City PCs. Not to exceed $74,097.00," and shall 28 incorporate the terms and conditions of this resolution. 2010-376 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 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING A PURCHASE ORDER TO COMPUCOM FOR A ONE YEAR CONTINUANCE OF THE SOFTWARE ASSURANCE CONTRACT FOR MICROSOFT OFFICE PROFESSIONAL PLUS ON 900 CITY PCs. 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B3 of said Code, "Purchases approved by the Mayor and Common Council", SECTION 4: The above authorizations are rescinded if they are not issued/executed within sixty (60) days of the passage of this Resolution. 2010-376 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 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING A PURCHASE ORDER TO COMPUCOM FOR A ONE YEAR CONTINUANCE OF THE SOFTWARE ASSURANCE CONTRACT FOR MICROSOFT OFFICE PROFESSIONAL PLUS ON 900 CITY PCs. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 15th day of November ,2010, by the following vote, to wit: Council Members Ayes Nays Abstain Absent MARQUEZ .--X...- DESJARDINS X BRINKER X X SHORETT KELLEY X - JOHNSON X X McCAMMACK Qt~&, ~ ~ G. Clark, City Clerk ~ The foregoing resolution is hereby approved this --1.:1.=.- day ofNo'!.embe~ 2010. ~ City of San Bernardino 2010-376 EXH~BIT, · A", 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. 2007-441 RESOLUTION OF mE MAYOR AND COMMON COUNCIL OF mE CITY OF SAN BERNARDINO AlITHORIZING mE ISSUANCE OF AN AGREEMENT AND PURCHASE ORDER TO COMPUCOM FOR AN UPGRADE WITH SOFrWARE ASSURANCE TO MICROSOFT OFFICE PROFESSIONAL PLUS 2007 ON 900 CITY PCs. BE IT RESOLVED BY mE MAYOR AND COMMON COUNCll. OF mE 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 pun:base of an upgrade with software 8SSUl'8IlCC to Microsoft Office Professional Plus 2007 on 900 City Pes. a copy ofwbich is attached hereto as Exhibit A and incorporated herein. SECTION 2: That the Mayor and Common COW1CU of the City of San Bernardino 8Uthorize the Director of Finance or hislher designee to issue an Amiual 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 J:eSOlution and shall read: "Upgrade 900 City PCs to Office Professional Plus 2007. Not to exceed $134,226." and sba1l incorporate the terms and conditions oftbis resolution. SECTION 3: These pun:bases 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 issuedIexecuted within sixty (60) days of the passage of Ibis Resolution. III 11/ Exhibit RAR 2010-376 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 THE MAYOR AND COMMON COUNcn.. OF THE CITY OF SAN BERNARDINO AU1HORIZlNO THE ISSUANCE OF AN AGREEMENT AND PURCHASE ORDER TO COMPUCOM FOR AN UPGRADE WITH SOFTWARE ASSUARNCE TO MICROSOFI' OFFICE PROFESSIONAL PLUS 2007 ON 900 CITY Pes. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San BemaIdino at a j oint reg meeting thereof, held OIl the 5th day of November. 2007. by the following vote, to wit: Council Members ~ NIB AlBin Absm. ESlRADA X BAXTER. X BRINKER. X DERRY ~ KELLEY X - JOHNSON X McCAMMACK -X- ~aUtdJ1. &.tJJt1J h ~~.;w~~~.' The foregoing resolution is ~roved this day of ~~~ ~-a;;- C Bernardino Approved as to form: F t.Pe""",,- F. PemDIIlo City Attorney 2010-376 . Exhibir "An 2007-441 I . PURCHASE AGREEMENT nil hrauc ~!!!l.lJl CJlJ.eRd into this 5'!! day of &~ ,~1 by IDd bctwceo CompuCom.~1l"') and the City or San Bemardino ("CITY" or '"SaD BemardiDoj. --1\ WHEREAS, the Mayor and Common Council bas determined that it is adVIDtapouI aod in the best interest or the CITY to contract for the purchase of sot\warc and client lIICCeII licenses to upsI'lIde City's e-mail~ IDd, WHEREAS, the City of San Bernardino did solicit and accept quotes from available vendors for the purchase of said softwvc and licensing. NOW. THEREfORE. the parties hereto qree as fonows: I. SCOPE Of SERVICES. For the remuneration stipulated. San BcmardiDo hereby engages VENDOR to proWSe those products as set forth on Attachment lA A.'" attached hereto IDd incorporated herein. 2. COMPENSATION AND EXPENSES. L For the products and/or services dcUnearcd in Parapph t, above, the CITY, upoD praeotatioD of aD invoice, sbaU ply the VENDOR up to the total IIDOUII& of $402,678.00, in three aooual iDstIlImcDts ofSI34.226. b. No other expenditures made by VENDOR shall be reimbunccl by CITY. 3. TERM; TERMINATION. This purcbuc sbaU be completed witbiD. sixty (60) days. This Apcmcnt may be taminated at any time by tbirty (30) days wnttcD notice by either p81ty. The tcnDS of this Asrccmcot sbaU remain in force UIIlcss mutually amended. 4. INDEMNITY. CITY apes to iittWnnify and bold harmless VENDOR. its oflic:ers, aacots and volUDtca'S from any and III claims. actions, 1osscs, damases and/or liability rcsulq tom CITY's ocgIiJCllt lids or omissioas arising from the CITY's performance orits obliptiom UDder the ApemaJL VENDOR apecs to ~nify and bold barmIcss the CITY, its officers, agadS. aad voluotecrs &om my IDd III claim, aetions, losses, damIges and/or IiIbility rcsultiDB tom VENDOR's ocaJi8eat lids or omissions lIrisias from the VENDOR's pcrfOI'lDlDCC of Its oblipticms UDder the Ap:mcDt. . Page 10f4 IZBIBI'l -a- 2010-376 Exhibit "An In the event the CITY and/or the VENDOR is found 10 be comparatively at fault for ID'J claim. lCtion, loss, or damage which results 10m their respective obUptioDS UDder the Apecmcnt, the CITY and/or VENDOR shall indemnify the other 10 the extent of this compllllive fiwlt. 5. INSURANCE. Wbi1e DOl restrictina or limitiDg the foregoing. during the tenD of this A8J'CCIDCDl, VENDOR shall maintain in effect policies of comprehensive public, acneral and automobile liability ~ in the amount of S 1,000,000.00 combined single limit, IDcI stItUtOIy worker's COIIlJlCDUIioa coverap. aDd sball file copies of aid policies with the CITY'. R.isk Manager prior to UDdcrtakina any wort under this Apeemcnt. CITY sball be set fodb IS . additioual DIIJDCIll iaswed in each policy of iDsuranc:e provided bemmder. The Certificate of lnsuraDc:c fumisbed to the CITY shall require the insurer to notify em of any change or termination in the policy. 6. NON-DISCRIMINATION. In the perfonDlDCO of this Ap'ecmentlDcl in the hiring aod recruitment of employees. VENDOR shall DOt eapae in, oor permit its officers, employees or ascots to CDp8C in, discrimination in employmeDl of penoas because of their nee, religioD, color, aatioual oriJio, ancestry, qe.1DCIllal or physical cSisIbility, medical condition, maritsl status, sexual gender or lCXual orieDtaIioo, or any other status protected by law, except as permitted pursuant to ScctioD 12940 of the California Govemmeal Code. 7. BVSINISS REGISTRATION CUnnCATE AND OTIIER REQUIREMENTS. VENDOR warrants Ibat it poaesv- or sbal1 obtain, and lftllilWlin any licenses, pamits, qualificatioas. insurance IDcI approval of whatever D8IUrc Ibat arc lep11y requirccS of VENDOR to pnctice its busi- or profession. .. NonCES. AAy aotic:es to be pvco punuanl to this ApmcDt sbalJ be deposited with the Uoited States Postal Service, postaae prepaid and IddrestecIIS foUows: TOnu: VENDOR: Fn:d Wilson, City Manager City of SaIl BenwdiDo 300 NOIth V' SIrcct SaIl BemardiDo, CA 9241. TelepboDe: (909) 384-5122 CompuCom S'lsr~.s, lIVe.. 3320 n.aa Drive, Suilc 100 R.aDc:ho Cordova, CA 95670 Pase20f4 TO TIlE crrY: 2010-376 Exhibi t. "An Telephone: (916) S150113 9. ATI"ORNEYS' fEES In the event Ibat Uligation is brouabt by any party in COoncdiOD with Ibis Aarccmcm. the prevailins party sbaII be enlitled to RCOvcr from the opposiDa party all costs IIId expcua. includina Ia!IODIble attorneyS' fees. iDcum:d by the pevailiaa perty in the exercise of Illy of its ripts or muedies bemmder or the cnf'OI'CCIIIC1lt of any of the tams. CODdilioos or provisioas bcreof. The coslS. saIIry IIId c:xpeoses of the City Attomcy and members of his office in cnf'orcinl this Apeemeot on bebaJf of the CITY shall be considered as "attomeys' fees" Cor the purposes oftbis ......... 10. ASSIGNMENT. VENDOR IbalJ not volUlltlrily or by operation of law asip, transfer, sublet or encumber all or my pert of the VENDOR's interest in this Apcment without CITY's prior written coaseoL Any Iltempted usipmeot, transfer, subldtiDa or eocumbnDce sball be void and sbaII c:oostitute a bre8cb of this Apemcnt md cause for the tenDiDatioD of Ibis ApecmeDl RepnIless of CITY's CODSeDt, no subletliDa or usiJDlDCDl sball release VENDOR . of VENDOR.'s obliplion to pc:r(orm all other obliplioas to be performed by VENDOR. hcreIIDdcr for the tam oflbis Ap'CeIIlCIlL 11. VENVE. The puties hereto agree Ibat all dODS or prot-liT IrisiDs in coonec:Iion with Ibis Agreement IbaIl be tried md liliptal either in the S. courts located in the County of SIll Bcmardino, Slate of Califomia or the U.s. District Court for the CCIdIaI DisIriet of Califomia. Rivcnidc Division. The afon:meadooed choice of vellue is intended by the parties to be the INIndatory md DOt permissive in IIIdUre. 11. GOVERNING LAW. This Aareemeot sbaIl be IOvemcd by the laws of the State of Califomia. 13. SUCCESSORS AND ASSIGNS. This Aplcmad IbalJ be biDdiag on and inure to the baldit of tbe parties to Ibis Apccmcnt aad their respective beirs, Npl'CSCDtatives, succeaors. aad 1SSips. .4. Jll'.ADINGs. The subjcc:t bew'i,.,. of the IeCIions of Ibis ApcmeDt lie included for the purpoaes of c:ooveoience only and sbalI DOt affect the CODSIrUCtion or the iDtapt~tati<l4 of my of its provisioas. 15. SEVERABILITY. Page 3 of4 2010-376 Extlibi,t "An If .y pro'lisioo of Ibis Ap:cmcat is dctcnDiDcd by . court of compeICDl jurisdicdoD 10 be invalid or UDeDfon:able for Illy reaoa. such cIctamiDadoIl sbIIJ DOt affect the VIlidity or eatorcabllity orthe ......u.i"l tams ad povisioas hereof or orabe offcadina provision in Illy other circumstaDce, IDll the f'P.IMIlni"l provisioas of Ibis Ap:ement sball remain in fUll forte IDd eft'ect. 16. IN11RE AGRD:MENT; MODlnCAnON. This Apecmeat eoastitutm tbc eGIire qreemeot lad the uodcrsIandiDa bctwcca the plltics, lad IupcItedca Ill)' prior qrecmeDIS IDd UddastaDdiDJS n:JIIina to the subject IDIIIIIeI' oftbis A&reemeaL This A&reemmt may be modified or IIIlCDdcd oaly by. written iDsInammt executed by all pII1ieIlO this ApeemeaL IN WITNESS nlEREOF. the parties hereto have executed this Agreement on the day IDd dIIe let forth below. Dated: / 1 ~ 7 . 2007 ~~ Its: ..... "..1_.... i ........ ~ Dated: . 2007 By: Approved IS to Form: ?f '}. f1r-- J F. Pamaa. City AUomcy Pasc4of4 2010-376 Exhibit nAn . . C) 'O.~.~~;~. CompuCom Systems Inc. 7171 Forest Lane Danas TX 75230 916-515-0113 WWW.comDUcom com Ruth Parish City of San Bernardino IS Department 300 North 0 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 enronmenl. with .Office Pro Plus. only. Please .181 me know if you meant for me to keep the other products on there and I'll re-do these quotes. 3 Year Drlclna . Year 1 Year 2 Year 3 5 year pricing Year 1 Year 2 ATTACHMENT -A- 2010-376 exhibit "An Year 3 Year 4 Year 5 I anticipate that either a 3 or 5 year EA, with Office Pro Plus only would receive the following Software Assurance benefits. PLAN New VefSiOn Riallls lor Oflice ADDlicalions 900 Soread Pa"""'IlIS Ves DEPLOY OesktllD OeDk>Yment PlannitlQ Services 30av USE Trainino Vouchers 20 Em_ Putchase Pmorem IEPPI Ves Home Ute p'''''r8lT\ IHUPI Ves OfIlce e-Lumina Kits Yes MAINTAIN Contacls for Web Sumxwl 4 T echNeI Online Cancierot! Chat 2 CoroorlIte ElIOt ReoortIna Kit leERI Yes TRANSITION Exlllnded Hotfix SullOClrllor OIl"ICI! ADDlications Caurad Fee Waived The Software Assurance benefits calculated by thil tool are an estimate ClI'Ily. Mlaosofl makes no guarantees. See htlplnlcenSing.microsofI.com lor an ClIIicial calculalion of yOur benefits. I I Sincerely. John Robinson CompuCom Systems. Inc. 916.515.{)113 John.robinsonli:ilcomDUcom.com II at any lime during the contract pericxf Microsoft reviSes their incentive programs lor products. CompuCDm shaft have the right to revise our pricing. 2 2010-376 Common Questions about the Home Use Program Exhibit ~An -General Program Questions r---- : What is the Home Use i Program? The Home Use Program is a benefit of Software Assurance, one of 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. ] i I I j I I I . r--- : What it Software Assu..nce? 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. If you received notification email with the program code used to I I authenticate and _ enter this website directly from your employer and I your employer stdl has active Software Assurance coverage, then you I 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 I questions regarding what software you are licensed to use and details I on Software Assurance coverage, please contact the Benefits I r ----r Admini~trator for the Home Use progra_~ at you~_empIOyer. J , What If I have more questions I Please click the Contact Us link for a complete list of contact numbers i about the Home U.. Program? and email addresses. 1 .._____w____..____.._._____._._...._..__..... __.....______._.... .- ..,._~_."._.~..___...~_____.__l I , Am I eligible to partlclpate in : the MS Home Use Program? Ordering Questions i r- ------,----------------------------- --..---.------------ Will tax be charged 011 Home i Yes. The applicable country, state or provinCial tax or VAT will be , Use Program orders? I apphed t_ 0 the order. This may include tax on shipping. By purchaSing ! you may also have a tax Iiabihty for which you will be flnandally : responSible. I I I 1-------------.-------------------.----------------" I No. At this time, you can order only onhne through this Microsofti!il i ! Home Use Program Web site. j I ' I .----------------.-------- ------.-. ------..-------< I' No. Software purchased through the Microsofti!il Home Use Program may not be combined with any other promobons. I ...J You need to have your complete billing and shipping address, your I phone number, a work email address where we may contact you about your order, and credit card information. After initially entering I your authorization information, a secure link will be emailed to the I address you specify. This link will enable you to continue with the ordering process. ~_ _____________________ I I No. The Home Use Program only permits one order per product. I -----------.-----------______1 I I I Only certain products for whid1 your employer has licenses With active I I Software Assurance coverage are available for ordering at thiS time. . There are also restrictions for your employer on the number of Home Use Program licenses that may be purchased by employees. Contact I I your employer's Home Use Program Benef,t Admllltstrator .f you have additional questions about avallabihty of software through thiS I program. I -----------1 j-.--- : can I order by telephone? i Is the Home USe Program i licenlM4 software elllllble for i other rebate offe..? I ; What infonution do I need to i hue ready in order to buy ! online? i ! , ! e... I buy more than one i lieeneed copy of any I applIcation? r : can I buy old... versions of i Home Use Program licensed : software? No, the Home Use Program only offers recent versions. I ; Why an't I order a particular I application through the Home : Use Prollram? ! Shipping Questions I 1---.-...-...----..------------------.------1 : W: Willl_~~~"I:_~~ :r~e~~______ ~_~:~!~~;;~u~~_~~~~;~~~t~~ ~~~~~_~~~~;~~~~~~E~!.~_~__J 2010-376 Exhibit "A" . i I alter 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. i . . 1 H_ do J get a Shipment status 11 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 Retums Questions i :'. Wh;'IS ~~~IiCY?'---~ome Use Program software is a benefit of emp. toyment.'we charge-;-l\ nominal fee to cover the fulfillment costs such as packaging, shipping, handling, and program administration; therefore, we do not accept I returns. ! . I i 1f my softWarels-~:~~--"--~~~:c;.;::s;~~r assistance and request'an RMA ~umber and addre~-;'i . during shipping, how can J i to ship the damaged software back to Microsoft\!). A replacement . i exchange It? I package will be sent to you. Click the Contact Us link to obtain a I complete' list of phone numbers and emaU addresses for customer ______._______________.. _._..1 ~~~~~~a_~~~__.__.___.________ .....____ ______.__._.___ i --...! . I Privacy and Security Questions I r.----..--------...-......---.---....-..----- ..--.-----.----..-- _..._..i I. . . . Is my c.....it card information I Yes, your credit card information is secure. Microsof@ uses the secure ! . secure? I Sockets .Layer (SSL) and Private Communications Technology (PCT) j security standards through secure servers to ensure that your , transaction is completely safe. . r.------....------t.-.-. ------. . --..-....... : Js my personal information 1 MiCrosoft@ is committed to your privacy and security. All personal . private and secure? 'I' information collected by the Home Use Program site IS securely stored and protected from unauthorized access. Your personal Information i will only be used to fulfill your order unless you indicate otherwise. I Please refer to our pnvacy Polley for more information. .. -_._------_.---_.--------_..~._..,....._---_.- .--~---..i : Other Questions i [-.--------.--.-..--...-1' _~_.-_.---._.------J How do I get technical support You can fond a tremendous amount of support information for . ; on Home Use Program licensed Microsoft@ Office and the other software available from the Home Use i : software? Program at htto '/loffice microsott com. i Another great starting point tor support is the customized product support pages available at I hlto'/IsuDoort microsoft com/default.asDx'scid=fh'llnl:faas. 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 tor software acquired through the Home Use Program. Please reter to the support documentation , included with your product for more information. t;;'-;;~-~~d help with II s~uP and ,"s~~~~lon support is provided for so~a~ purc~~sed ---1 j Installing my product? through the Home Use Program. Please refer to the support : ~__._._..__________~~~~mentation ;nd.uded with your product f~~~~e in~mation.:...-._.J 2010-376 EXHIB iT "/3 " CompuCom Systems Inc. 7171 Forest Lane Dallas TX 75230 www.comoucom.com Thursday, October 21, 2010 () compuCom. Ruth Parish IT Division City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 Dear Ruth, Please a final cost to extend the following three year EA enrollment, for one year, when it expires on 12/31/2010. Currentlv on enrollment 8589096 the City owns licenses for the following: 900 Office Pro Plus (License/SA) One year extension Starting 2/1/2011 900 269-05704 OfficeProPlus (SA) $82.33 $74,097.00 "electronic delivery only" $74,097.00 Anticipated SA benefits Training Vouchers Employee Purchase Pro ram (EPP) Home Use Program (HUP) E-Learning: Applications 20 Yes Yes 1 John Robinson CompuCom System Inc. 916-515-0113 Pass-Through Warranty and Other Rights. As a reseller, end-user warranties and liabilities (with respect to any third party hardware and software products provided by CompuCom) shall be provided as a pass-through from the manufacturer of such products. All software products are subject to the license agreement of the applicable software supplier, as provided with the software packaging or in the software at time of shipment. All prices are subject to change based on re-Ieveling by Microsoft or change of reseller incentives by Microsoft.