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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: LEA DEESING,
IT DIRECTOR
Subject: RESOLUTION OF THE
MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN
AGREEMENT AND THE ISSUANCE OF A
FY 2011-12 PURCHASE ORDER WITH
NPA COMPUTERS INC. FOR
MAINTENANCE OF THE CITY'S
COMPUTER AND NETWORKING
HARDWARE AND OPERATING SYSTEM
SOFTWARE
Dept: INFORMATION
TECHNOLOGY DEPARTMENT
Date: May 5, 2011
MICC Meeting Date: June 6, 2011
Synopsis of Previous Council Action:
June 16, 2008 - Reso. # 2008-254 - Approved a purchase order with NPA Computers
Inc. for computer and network hardware, and system software between the City of San
Bernardino and Hewlett Packard ICompaq Computer Support. The resolution provided
for two single year renewal options contingent upon funding being approved in the City's
budget.
Recommended Motion:
Adopt resolution.
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Contact person: I .." n......ing
Phone: ~R4_!i!l47
Supporting data attached:
Staff Report
Ward:
ALL
FUNDING REQUIREMENTS: Amount:
$127,100.00
Source: (Acct. No.) 679-250-5172-0000-0060
(A("rt nAC:f"rirtinn)
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Finance:
Council Notes:
Agenda Item No.
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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
execution of an agreement and issuance of a FY 2011-12 purchase order with NPA Computers
Inc. for maintenance of the City's computer and networking hardware and operating system
software.
Background:
On June 16,2008 the Council approved a FY 2008-09 agreement with NPA Computers Inc. to
provide maintenance for the City's computer and network hardware as well as system software.
This is a critical agreement because the Public Safety dispatching system must provide service
coverage at all times.
There are no local companies capable of servicing the long list of equipment and system
software that the City utilizes. The previous maintenance vendor was NPA Computers Inc. NPA
of New York again proposes to provide service through HP/Compaq local support personnel.
This will continue to be the case through NP A, and is advantageous to the City due to the
expertise of the services group, and their existing knowledge of the City's major servers and
network enviromnent. NP A Computers Inc. has been the vendor for over twelve years now with
little or no change in per item support costs.
Financial Impact:
The annual maintenance costs for the FY 2011-12 agreement are $127,100.00. The current
equipment listing amounts to $114,502.52. An 11.0% contingency amount has been added to this
council item to allow for addition of hardware and software that will take place throughout the
year. The budgeted dollar amount over the last 4 years has been constant, with fluctuations in
actual expenditures varying slightly as equipment has been added and removed from the support
contract.
Funds for this project are included in the proposed Information Technologies Support Fund -
Maintenance Contracts (Account No. 679-250-5172-0000-0060) budget for FY 2011-12.
Account no.:679-250-5172-0000-0060
Balance as of7/1/2011: $127,100.00
Proposed Budgeted Amount: $127,100.00
Balance after Approval of Item: -0-
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred but not yet processed.
Recommendation:
Adopt resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT AND ISSUANCE OF A FY 2011-12 PURCHASE ORDER WITH
NPA COMPUTERS INC. FOR MAINTENANCE OF THE CITY'S COMPUTER
AND NETWORKING HARDWARE AND OPERATING SYSTEM SOFTWARE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION I: That NP A Computers Inc. provides maintenance of the City's
computer and network hardware and operating system software. Pursuant to this
determination, the Director of Finance or his/her designee is hereby authorized to issue
an Annual Purchase Order with NP A Computers Inc. in an amount not to exceed
$127,100.00 for FY 2011-12 for maintenance of the City's computer and network
hardware and operating system software. This purchase order, at the City's discretion,
can be extended with two single year renewal options.
SECTION 2. That the City Manager is hereby authorized to execute on behalf
of said City a Vendor Services Agreement between the City of San Bernardino and
NP A Computers Inc., a copy of which is attached hereto as Exhibit "A".
SECTION 3: These authorizations to execute the above-referenced agree-
ment and issue the above-referenced purchase order are rescinded if not
executed/issued within six (60) days of the passage of this resolution.
of this resolution.
SECTION 4. This purchase is exempt from the formal contract provisions of
San Bernardino Municipal Code Section 3.04.01O(B)(3), "Purchases approved by the
Mayor and Common Council."
III
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22 The foregoing resolution is hereby approved this
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF A FY 2011-12 PURCHASE ORDER WITH NPA
COMPUTERS INC. FOR ANNUAL MAINTENANCE OF THE CITY'S
COMPUTER AND NETWORKING HARDWARE AND OPERATING SYSTEM
SOFTWARE.
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 on the
day of
,2011, by the
following vote, to wit:
Abstain
Absent
Council Members
Navs
Aves
MARQUEZ
VACANT
BRINKER
SHORETT
KELLEY
JOHNSON
McCAMMACK
Rachel G. Clark, City Clerk
day of
, 20 II.
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Patrick 1. Morris, Mayor
City of San Bernardino
Ap oved as to form:
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 6th day of June 2011,
by and between NPA Computers ("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 maintenance of the City's computer and
networking hardware and operating system software; and
WHEREAS, the City of San Bernardino and NP A Computers have had a long standing
agreement for computer and network hardware and software maintenance.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth in the Specifications of Service
and Equipment, attached hereto as Exhibit "A" and incorporated herein.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of$I27,100.00.
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
3. TERM; TERMINATION.
The term of this Agreement shall be for one year, with the option of two one year
extensions at the City's discretion.
Exhibit "A"
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This Agreement may be terminated at any time by thirty (30) days written notice by
either party.
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
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
4. 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
workers' 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
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Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
5. 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.
6. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
7. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses, or shall obtain and maintain, a business
registration certificate pursuant to Chapter 5 of the Municipal Code, and any other license,
permits, qualifications, insurance and approval of whatever nature that are legally required of
VENDOR to practice its business or profession.
8. NOTICES.
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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:
Charles Mcneely, City Manager
300 North "D" Street
San Bernardino, CA 92418
United States
Telephone: (909) 384-5122
TO THE VENDOR:
John Brouillard
NP A Computers, Inc.
751 Coates Ave.
Holbrook, NY 11741
Office (631) 467-2500 x227
john@npacomputers.com
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
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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 ofthe 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
enforceability of the remaining terms and provisions hereof or of the offending provision in any
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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 supersedes 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:
,2011
NPA COMPUTERS
By:
Its:
Dated
,2011
CITY OF SAN BERNARDINO
By:
Charles Mcneely, City Manager
Approved as to Form:
By:
James F. Penman, City Attorney
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Specifications of Service and Equipment:
Minimum requirements for service shall include ALL of the following:
a) NP A will have a local service and support facility capable of
responding within 4 hours time on a 24 hour a day, seven days a week
basis to the Information Services Headquarters located at 300 North D
Street for on-site hardware service, San Bernardino where primary service
and support staff resides.
b) NP A is a "Microsoft Solution Provider Partner" status at the local
facility that will provide support. Verification provided below:
Microsoft Solution Provider ID# 2003563
Microsoft Agreement # VI 134049
c) NP A is an authorized V AR for HP /Compaq hardware
and Microsoft products. Verfication provided below:
HP Outlet ID# 8288100001
Partner ID# V13959
d) All engineers have to have been employed by NP A for the past 6
months, verification of employment required. Subcontractors shall be
required to meet the same technical requirements as employees.
Technical Expertise:
Minimum requirements for technical expertise shall include ALL ofthe following:
Please clearly identify which individuals in your organization are certified for the
following categories. Please provide copies of resumes for staff that possess
qualifications as listed below. Include names of individuals, length of
employment with your organization, experience, certificates held, copies of all
applicable certificates they possess.
These requirements have been established to ensure that adequate staffing is
available at an engineering level at the vendor's local facility to meet all services
needs on a 24 hour a day, 7-day a week basis.
Exhibit "A"
I. Support for Trend products must come directly from Trend Micro Inc.
2. Support for Veritas products must come directly from Veritas Software
Inc.
3. Support for all Microsoft software and HP/Compaq products must come
directly from Hewlett Packard Inc.
Covered Hardware:
The following hardware is covered Monday through Friday 7:30am to 5:30 PM.
HPDL380R02 PI 133 SIN D20FRWIL030 (Nike)
HPML370 G2 SIN D20IJSRKI14 (Pollux)
Delll400SC SIN GYQ3KOI (Tekno)
Dell power edge 2650 SIN 56PC351 (Triton)
Dell power edge PE700 SIN 7YODW41 (CH-Fleet)
Dell power edge 1400sc SIN GKL8721 (Chamelleon)
HP Proliant ML350 SIN MOOFLK8434 (laser fische)
HP DL380 SIN D20FRWIL200 (FN-WEB)
HP DL380 SIN D208FRWIKI90 (FN-Eprocess)
HP LD380 SIN D205FRWIL031 (fn-content)
HP ML370 DI50JSSIK004 (mugsrvr)
HP ML370 SIN D206JSSIK334 (sunprodb)
36.6 GB IOk prm ultra 320 scsi hdd
Compaq ait internal 5/70 tapre drive
HPDL380R02 PI133 SIN D20FRWIL030 (Nike)
HPML370 G2 SIN D20IJSRKI14 (pollux)
Delll400SC SIN GYQ3KOI (Tekno)
Dell power edge 2650 SIN 56PC351 (Triton)
Dell power edge PE700 SIN 7YODW41 (CH-Fleet)
Dell power edge 1400sc SIN GKL872l (Chamelleon)
HP Proliant ML350 SIN MOOFLK8434 (laser fische)
HP DL380 SIN D20FRWIL200 (FN-WEB)
HP DL380 SIN D208FRWIK190 (FN-Eprocess)
HP L0380 SIN D205FRWIL031 (fn-content)
HP ML370 D150JSSIK004 (mugsrvr)
HP ML370 SIN D206JSSIK334 (sunprodb)
36.6 GB 10k prm ultra 320 scsi hdd
Compaq ait internal 5/70 tapre drive
HP DL360ROl PI000 SIN 6J23FXKII074 (sunproms)
18.8 GB !Ok PRM ultra scsi hdd Compaq ait external 35/70 tape drive
HP/COMP A W R3000 UPS units HP Designjet 400ps m/n: Q1274A SIN: SG53329036
HP DL380G5 CTO Chassis (SIN: USE724N9PR)
Dell power edge 2850 (venus) lHQ2Y6l/3248514937 HPMS A30 Server (SIN:
Z5K9LMPX36)
Power vault 110 T LTO 3 (SIN: H7QJWBl) add 7/10 Power edge 2950 S9+GD (SIN:
4WW87Dl)
Power edge 2950 S9+GD (SIN: HX82TBl) Power edge 2650 S9+DL (SIN: FH2N121)
Power vault 114T DATND (SIN: 7MDVW5172) Storage works SMA 30 (SIN:
Z5K9LMPX36) Hardware
Requiring 24 hour 7 day support:
Cisco 3700 Router 24x7 Coverage Cisco 2 Port T-I WAN Cards 24x7 Coverage J4138A
HP9308 Core network chasis 24x7 Coverage
Dell 2950 S9+GD (SIN: 7PW87DI) (V Center)
Software support annual contract:
Netsuite by trend micro; software support for 1400 user licenses. Inclusive ofthe
following: Emanager, office scan, server protect, scan mail, iwss and sps (price is annual)
Imss by trend micro: Software support for 1400 use licenses
Symantec: Backup exec for 26 windows XP and Windows 2000 Intel servers
Symantec: Special agent for oracle. 1 server
Symantec special agent for SQL. 5 Server
Symantec agent for exchange. 2 Servers
Symantec: special agent for linux. 1 Server
Symantec: special agent for windows 10 servers. Included
Symantec: Library expansion option. Included
Blackberry: Blackberry enterprise support (bes) one server with 123 user licenses
Neatsuite by trend micro: control manager. Enterprise license. Included
Undelete. Undelete support from diskeeper corp.
Microsoft: Bronze support for Windows 2000 OS
Microsoft: Bronze support for windows 2003 O.S Included
Microsoft: Bronze support for exchange 2000. Included