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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Tom Marek,
IT DIRECTOR
Subject: RESOLUTION OF THE
MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUnON OF AN
AGREEMENT AND THE ISSUANCE OF A
FISCAL YEAR 200812009 PURCHASE
ORDER WITH NPA COMPUTERS INC.
FOR MAINTENANCE OF THE CITY'S
COMPUTER AND NETWORKING
HARDWARE AND OPERATING SYSTEM
SOFTWARE
Dept: INFORMATION
TECHNOLOGY DIVISION
Date: May 22, 2008
MICC Meeting Date: June 16, 2008
Synopsis of Previous Council Action:
Continued from June 2, 2008.
June 20, 2005 - Reso. # 2005-163 - 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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Signature
Contact person: Tn," .......k
Phone: ~R.4_~7
Supporting data attached:
StAff RAport
ALL
VVard:
FUNDING REQUIREMENTS: Amount: $127,100.00
Source: (Acct. No.)
679-251-5172
(A,..,...t na.,,..rirtinn)
Ua.intAn!:llnt'A rnntr!:ll""~
Finance:
Council Notes:
II ealo..n>"."IfM-I K--f,..",
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Agenda Item No. ~ ~
C CITY OF SAN BeRNARDINO - ReQUEST FOR COUNCIL ACTION
Staff Report
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Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
execution of an agreement and issuance of a fiscal year 2008-2009 purchase order with NP A
Computers Inc. for maintenance of the City's computer and networking hardware and operating
system software.
Background:
On June 20, 2005 the Council approved a Fiscal Year 05/06 agreement with NP A Computers
Inc. to provide maintenance for the City's computer and network hardware as well as system
software. This is a critical agreement due to 24 hours per day, 7 days per week service coverage
necessary for Public Safety dispatching systems. The existing contract provided for two
additional years, the last year being 07/08 fiscal year.
There are no local companies and very few companies capable of servicing the long list of
equipment and system software that the City utilizes. The previous maintenance vendor was
NP A Computers Inc. and they utilized HP/Compaq local support personnel. NP A of New York
again proposes to provide service through HP/Compaq local support personnel. The original
support personnel servicing the City have remained the same over the last 16 years, regardless of
the company holding the actual contract. 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 environment. NP A Computers Inc. has been the vendor
for over six years now with little or no change in per item support costs.
Financial Impact:
The annual maintenance costs for the Fiscal Year 2008/2009 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 127,100.00 is an increase of$3,500.00 over the 2007/2008 fiscal year. The increase is
due to an increase in the amount of hardware that is supported by NP A Computers Inc. As the
hardware within the City ages it falls off of factory support acquired at purchase and thus support
services are transferred over to the NP A contract.
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 FISCAL YEAR 2008/2009 PURCHASE
ORDER WITH NP A 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 1: 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 Fiscal Year 2008/2009 for maintenance of the City's computer and
network hardware and operating system software. This agreement, 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 an Agreement between the City of San Bemardino 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 ifnot
23 executed/issued within six (60) days of the passage of this resolution.
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SECTION 4: This purchase is exempt from the formal contract provisions of
San Bernardino Municipal Code Section 3.04.010(B)(3), "Purchases approved by the
Mayor and Common Council."
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF A FISCAL YEAR 2008/2009 PURCHASE ORDER WITH
NP A COMPUTERS INC. FOR 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
, 2008, by the
following vote, to wit:
Council Members
Aves
Navs
Abstain
Absent
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
McCAMMACK
Rachel G. Clark,City Clerk
The foregoing resolution is hereby approved this
day of
,2008.
Patrick J. Morris, Mayor
City of San Bernardino
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VENDOR SERVICE.A.GREEMENT
This Vendor Service Agreement is entered into this 16th day of June 2008,
by and between NP A 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 did solicit and accept quotes from available
vendors for maintenance of the City's computer and networking hardware and operating system
software.
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 on the Specification of
Equipment, attached hereto as Schedule "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 ofSI27,l00.00.
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
3. TERM; TERMINATION.
The term of this Agreement shall be for a period of three years.
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. The
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duration of this Agreement may be extended with the written consent of both parties.
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 ~y
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.
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
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
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
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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. 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 payliient 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.
8. 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.
9. 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:
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TO THE CITY:
Fred Wilson, City Manager
300 North "D" Street
San Bernardino, CA 92418
United States
Telephone: (909) 384-5122
John Brouillard
NP A Computers, Inc.
751 Coates Ave.
Holbrook, NY 11741
Office (631) 467-2500 x227
john@npacomputers.com
TO THE VENDOR:
10. ATTORNEYS' FEES
;".0. ._
In the event that litigation is brought by any party in connection with this Agreement.,
the p1'ev1liling party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attomeys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies herelinder 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.
11. 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 sball 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
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of VENDOR's obligation to perform all other obligations to be. performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or ~;ngs 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 Centra1 District ofCalifomia,
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. 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.
15. HEADINGS.
The subject hel'tling~ 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.
i16. 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 reD'1Rining provisions of this Agreement shall remain in full force
and effect.
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VENDOR SERVICE AGREEMENT
NP A Computen IDe. and the City of SaD Bernardino
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understand;ng 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 TIIEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: ,2008 NPA COMPUfERS
By:
Its:
Dated
,2008
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
Approved as to Form:
By:
James F. Penman, City Attorney
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Schedule "A"
Specification of Equipment:
Equipment consists of primarily of HP/Compaq Servers and Dell Servers. Hewlett
Packard and Cisco local area networking devices. A complete list is enclosed in
this section.
Hardware requiring service Monday throuQh Friday 7:30 AM to 5:30 PM
Item # Qty Monthly $ Annual $ Description
1 1 $119.90 $1,438.80 HP DL380R02 P1133
Serial # D205FRW1L030 (Nike)
2 1 $210.00 $2,520.00 HP ML370 G2
Serial # D201JSR1K114 (Pollux)
3 1 $80.00 $960.00 Dell Power Edge P2600 SIN 9TOJR21
(MAXIMO)
4 1 $80.00 $960.00 Dell Power Edge PE2650 SIN J2PB351
(Poseidon)
5 1 $55.00 $660.00 Dell 1500SC
Serial # G732N11 (Moroheus) ..
6 1 $55.00 $660.00 Dell 1400SC
Serial # GYQ3K01 (Tekno)
7 1 $80.00 $960.00 Dell Power Edge 2650 SIN 56PC351
(Triton)
8 1 $80.00 $960.00 Dell Power Edge PE700 SIN 7YODW41
(CH-FLEET)
9 1 $80.00 $960.00 Dell Power Edge PE1850 SIN 755HX61
(Pandora)
10 1 $80.00 $960.00 Dell Power Edge PE1850 SIN GL6HJ91
(Atlas)
11 1 $80.00 $960.00 Dell Power Edge 1400SC SIN GKL8721
(Chameleon)
12 1 $80.00 $960.00 Dell Power Edge PE1750 SIN 1KG0051
(Web Server)
13 1 $15.40 $184.80 HP Proliant ML350
Serial# MOOFLK8434 (Laser Fiche)
14 1 $119.90 $1,438.80 HP DL380
Serial # D205FRW1 L200 (FN-WEB)
15 1 $119.90 $1,438.80 HP DL380
Serial # D208FRW1K190 (FN-
EPROCESS)
16 1 $119.90 $1,438.80 HP DL380
Serial # D205FRW1 L031 (FN-
CONTENT)
17 1 $119.90 $1,438.80 HP ML370
Serial # D150JSS1 K004 (Mu!:lsrvr)
18 1 $119.90 $1,438.80 HP ML370
Serial# D206JSS1K334 (SunproDB)
19 5 $2.00 $120.00 36.6 GB 10k RPM Ultra 320 SCSI hdd
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Item # Otv Monthlv $ Annual $ DescriDtion
20 1 $20.90 $250.80 ComDao AIT Intemal 35"0 Taoe Drive
21 1 $80.30 $963.60 HP DL360R01 P1000
Serial # 6J23FXK 11074 ($unDroMS)
22 2 $2.00 $48.00 18.8 GB 10k RPM Ultra 320 SCSI hdd
23 3 $62.70 $2,257.20 Comoaa AfT Extemal 35"0 Taoe Drive
24 2 $20.00 $480.00 HP/Comnao R3000 UPS units
25 1 $119.90 $1,438.80 HP ML370 G2
Serial # D239KF52D010 (Ares)
26 1 $150.00 $1,800.00 HP DesignJet 4000PS (model q1274a)
SIN sa53329036
27 1 $85.00 $1,020.00 Dell Power Edoe 4600 FW9CB21 (oMS)
28 1 $70.00 $840.00 Dell Power Edge 1600SC 9M3MB21
(DMSNET)
29 1 $70.00 $840.00 Dell Power Edge 1600SC 4M3NB21
lDMSTESn
30 1 $85.00 $1,020.00 Dell Power Edae 4600 NVUSERVER)
31 1 $119.90 $1,438.80 HP Proliant DL 380 G3 (PLUTO)
D314kin2h703
32 1 $119.90 $1,438.80 HP Proliant ML370 G2 (Castor)
D201kf52D010
33 1 $85.00 $1,020.00 Dell Poweredge 2850 (VENUS)
1 HQ2Y61/3248514937 .,
34 3 N/A N/A Sany Cybometiss tape Elfi\'ss
99959132 , 92999197 , 92999198
Hardware reQuirinQ 24-hour 7-dav SUDDort:
Item # Qty Monthly $ HP Compaq Description
Part #
101 1 $209.91 $2,518.92 Cisco 3700 Router
102 4 $75.00 $3,600.00 Cisco 2 Dort T-1 WAN Cards
103 1 $710.00 $8,520.00 HP 9308 Core Network
Chassis
I Grand Total Hardware: $49,952.52
Software SUDDort:
Item # Annual $ Software Description
Vendor
301 $24,000 NeatSuite Software support for 1400 user licenses.
by Trend Inclusive of the following: Emanager,
Micro Office Scan, Server Protect, Scan Mail,
IWSS and SPS.
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Item # Annual $ Software Description
Vendor
302 $2,300 IMSS by Software support for 1400 user licenses
Trend Micro - -
303 $2,600 Veritas Backup Exec for 26 Windows XP and
Windows 2000 Intel Servers.
304 $6,000 Veritas Special agent for Oracle. 1 Server.
305 $6,000 Veritas Special agent for SOL. 5 Server.
306 $6,000 Veritas Special agent for Exchange. 2 Servers.
307 $2,000 Veritas Special agent for Linux. 1 Server.
30S Included to Veritas Special agent for Windows. 10 Servers.
2/1/09
309 Included to Veritas Library expansion option.
2/1/09
310 $3,950.00 Blackberry Blackberry Enterprise Support (BES).
One Server with 125 user licenses.
307 Included NeatSuite Control Manager. Enterprise license.
by Trend
Micro
30S $200.00 Undelete Undelete support from Diskeeper Corp.
309 $S,OOO.OO Microsoft Bronze support for Windows 2000 O.S.
310 Included Microsoft Bronze support for Windows 2003 0.5.
311 Included Microsoft Bronze support for Exchange 2000
312 Included Microsoft Bronze support for Exchange 2003
313 Included Microsoft Bronze Enterprise support for desktop
0.5. SUDDort (95, 9S, ME, 2000, XP).
314 Included Microsoft Bronze support for SOL server 2000.
315 $3,500.00 Microsoft Bronze Enterprise support for Microsoft
Desktoo aoolieations.
316 Included Microsoft Bronze Support for Exchange 2007
317 Included Microsoft Bronze support for Windows Vista O.S.
I Grand Total Software: $64,550.00
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 16th day of June 2008,
by and between NP A Computen ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino").
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for maintenance of the City's computer and
networking hardware and operating system software; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
vendors for maintenance of the City's computer and networking hardware and operating system
software.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth on the Specification of
Equipment, attached hereto as Schedule "A" and incorporated herein.
2. COMPENSATION AND EXPENSES.
a For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of$ 127,1 00.00.
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
3. TERM; TERMINATION.
The term of this Agreement shall be for a period of three years.
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. The
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duration oftbis Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
CITY agrees to indemnify and hold hannless 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 hannless the CITY, its officers, agents, and
volunteers from any and all claim, actions, losses, dam'lges 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.
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
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
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or.
termination in the policy.
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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. 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 sball secure, at its expense, and be responsible for any and all payIDent 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.
8. 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.
9. 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:
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TO THE CITY:
Fred Wilson, City Manager
300 North "0" 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
10. 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 attomeys' 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.
11. 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
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of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. 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 comts 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.
13. GOVERNING LAW.
This Agreement sha1l be governed by the Jaws of the State ofCalifomia.
14. 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.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and sha1l not affect the construction or the interpretation of any of its
provisions.
16. SEVERABll..ITY.
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.
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VENDOR SERVICE AGREEMENT
NP A Computen IDe. and the City of San Bernardino
17. 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: ,2008 NPA COMPUTERS
By:
Its:
Dated
.2008
CITY OF SAN BERNARDINO
By:
. Fred Wilson, City Manager
Approved as to Form:
6
Schedule "A"
o Specification of Equipment:
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Equipment consists of primarily of HP/Compaq Servers and Dell Servers. Hewlett
Packard and Cisco local area networking devices. A complete list is enclosed in
this section.
Hardware reauiring service Monday through Friday 7:30 AM to 5:30 PM
Item # Qty Monthly $ Annual $ Description
1 1 $119.90 $1,438.80 HP DL380R02 P1133
. Serial # D205FRW1L030 (Nike)
2 1 $210.00 $2,520.00 HP ML370 G2
Serial # D201JSR1 K114 (Pollux)
3 1 $80.00 $960.00 Dell Power Edge P2600 SIN 9TOJR21
(MAXIMO)
4 1 $80.00 $960.00 Dell Power Edge PE2650 SIN J2PB351
(Poseidon)
5 1 $55.00 $660.00 Dell 1500SC
Serial # G732N11 (Moroheus) -
6 1 $55.00 $660.00 Dell 1400SC
Serial # GYQ3K01 (Tekno)
7 1 $80.00 $960.00 Dell Power Edge 2650 SIN 56PC351
(Triton)
8 1 $80.00 $960.00 Dell Power Edge PE700 SIN 7YODW41
(CH-FLEETI
9 1 $80.00 $960.00 Dell Power Edge PE1850 SIN 755HX61
(Pandora)
10 1 $80.00 $960.00 Dell Power Edge PE1850 SIN GL6HJ91
. (Atlas)
11 1 $80.00 $960.00 Dell Power Edge 1400SC SIN GKL8721
(Chameleon)
12 1 $80.00 $960.00 Dell Power Edge PE1750 SIN 1KG0051
(Web Server)
13 1 $15.40 $184.80 HP Proliant ML350
Serial# MOOFLK8434 (Laser Fiche)
14 1 $119.90 $1,438.80 HP DL380
Serial # D205FRW1 L200 (FN-WEB)
15 1 $119.90 $1,438.80 HP DL380
Serial # D208FRW1K190 (FN-
EPROCESS)
16 1 $119.90 $1,438.80 HP DL380
Serial # D205FRW1 L031 (FN-
CONTENT)
17 1 $119.90 $1,438.80 HP ML370
Serial # D150JSS1 K004 (Muasrvr)
18 1 $119.90 $1,438.80 HP ML370
Serial # D206JSS1K334 (SunproDB)
19 5 $2.00 $120.00 36.6 GB 10k RPM Ultra 320 SCSI hdd
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Item # Otv Monthly $ Annual $ OescrlDtlon
20 1 $20.90 $250.80 ComDaa AIT Intemal 35nO TaDe Drive
21 1 $80.30 $963.60 HP DL360R01 P1000
Serial # 6J23FXK11074 (SunDroMS)
22 2 $2.00 $48.00 18.8 GB 10k RPM Ultra 320 SCSI hdd
23 3 $62.70 $2,257.20 Comoaa- AIT Extemal 35nO TaDe Drive
24 2 $20.00 $480.00 HP/ComDaa R3000 UPS units
25 1 $119.90 $1,438.80 HP ML370 G2
Serial # D239KF52D010 (Ares)
26 1 $150.00 $1,800.00 HP DesignJet4000PS (model q1274a)
SIN sa53329036
27 1 $85.00 $1,020.00 Dell Power Edge 4600 FW9CB21 (DMS)
28 1 $70.00 $840.00 Dell Power Edge 1600SC 9M3MB21
lDMSNETI
29 1 $70.00 $840.00 Dell Power Edge 1600SC 4M3NB21
(DMSTEST)
30 1 $85.00 $1,020.00 Dell Power Edge 4600 (WUSERVER)
31 1 $119.90 $1,438.80 HP Proliant DL 380 G3 (PLUTO)
D314kin2h703
32 1 $119.90 $1,438.80 HP Proliant ML370 G2 (Castor)
D201kf52D010
33 1 $85.00 $1,020.00 Dell Poweredge 2850 (VENUS)
1 HQ2Y61/3248514937 . .
34- J N/A N/A SORY Cya9metiss tape arives
99969132,92999197,92999198
'.
Hardware reauirina 24-hour 7 -dav SUDDort:
Item # Qty Monthly $ HP Compaq Oescription
Part #
. 101 1 $209.91 $2,518.92 Cisco 3700 Router
102 4 $75.00 $3,600.00 Cisco 2 Dort T-1 WAN Cards
103 1 $710.00 , $8,520.00 HP 9308 Core Network
Chassis
Grand Total Hardware: $49,952.52
Software SUDDort:
Item # Annual $ . Software . Description
Vendor
301 $24,000 NeatSuite Software support for 1400 user licenses.
by Trend Inclusive of the following: Emanager,
Micro Office Scan, Server Protect, Scan Mail,
IWSS and SPS.
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Item # Annual $ Software Description
Vendor
302 $2,300 IMSS by Software support for 1400 user licenses
Trend Micro - -
303 $2,600 Veritas Backup Exec for 26 Windows XP and
Windows 2000 Intel Servers.
304 $6,000 Veritas Special agent for Oracle. 1 Server.
305 $6,000 Veritas Special agent for SOL. 5 Server.
306 $6,000 Veritas Special agent for Exchange. 2 Servers.
307 $2,000 Veritas Special agent for Linux. 1 Server.
308 Included to Veritas Special agent for Windows. 10 Servers.
2/1/09
309 Included to Veritas Library expansion option.
2/1/09
310 $3,950.00 Blackberry Blackberry Enterprise Support (BES).
One Server with 125 user licenses.
307 Included NeatSuite Control Manager. Enterprise license.
by Trend
Micro
308 $200.00 Undelete Undelete support from Diskeeper Corp.
309 $8,000.00 Microsoft Bronze support for Windows 2000 O.S.
310 Included Microsoft Bronze support for Windows 2003 O.S.
311 Included Microsoft Bronze support for Exchange 2000
312 Included Microsoft Bronze support for Exchange 2003
313 Included Microsoft Bronze Enterprise support for desktop
O.S. SUDoort C95, 98, ME, 2000, XP).
314 Included Microsoft Bronze support for SOL server 2000.
315 $3,500.00 Microsoft Bronze Enterprise support for Microsoft
Desktoo aoolications.
316 Included Microsoft Bronze Support for Exchange 2007
317 Included Microsoft Bronze support for Windows Vista O.S.
I Grand Total Software: $64,550.00
-.