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HomeMy WebLinkAbout26-City Attorney 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: 2k-so ~?~-?bc. 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] 2 \:: .~I ~(Q)~\J o 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". o 13 1/1 14 1/1 15 /II 16 /II 17 /II 18 /II 19 /II 20 /II 21 1/1 22 III )" III _J 24 III 25 III 26 III 27 III 28 III HTC/ed [computer.res] 1 o 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 16 17 1- 0 2 , j 4 5 6 18 19 20 21 22 23 24 r -) 26 27 0 28 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] 2 I o @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: o 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" o 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: o 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. o EXHIBIT "A" o 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 o 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: o 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: i I o (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 o 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. o 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. ///1 2 I I o 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: o (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: o 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 3 o 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: o 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. o (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. 4 , I o (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. o (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. o 5 o 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. o (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. o IIII 6 I I o o o IIII IIII IIII 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. 7 I I c 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) o J. Pat Ferraris. J.D. Title: Business Development Manager Date: August. 2002 o 8 ** 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