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, Consent Calendar
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City of San Bernardino
Request for Council Action
Date: December 19th, 2016
To: Honorable Mayor and City Council Members
From: Mark Scott, City Manager
By: Mitch Cochran, Director 0
Larry R. Martin
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Subject: Resolution of the Mayor and Common Council of the City of .N
San Bernardino Authorizing the Execution of an Agreement
with Dimension Data Inc. and the Issuance of Purchase Order E
to Dimension Data Inc. in the Amount of $159,400.00 for PBX °
Configuration and Integration Services and Phone Equipment. o
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Recommendation I-
Adopt Resolution.
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Background
The proposed project would replace the phone handsets and PBX switching at City Hall
and related buildings with equipment that can support a voip (Voice Over Internet 0
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Protocol) system.
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The IT Department had planned to implement voip at City Hall this fiscal year. The °
move to 3 new buildings makes this move even more imperative. Voip will allow one o
PBX (Private branch exchange or phone switch) to control phone systems at multiple
locations. The current PBX will be able to perform these duties.
Discussion 14
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Dimension Data Inc. (Formerly Nexus Inc.) will configure the existing City SV8500 PBX a
to support the voip handsets installed at City Hall. To reduce cost, roll out of the phone
handsets will be performed by City staff. Dimension Data Inc. has been selected as a
sole source vendor. Dimension Data Inc. has been utilized for over 20 years as the
3 City's phone system vendor and was responsible for the implementation of the current
PBX, Automated Call Distribution system and voice mail system. Their exclusive
knowledge of these systems and their integration with other City systems makes them
uniquely qualified to perform this system upgrade. A purchase order is being requested
in the amount of $159,400.00. This amount represents their bid amount plus an
additional 20% for possible contingency purchases.
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Fiscal Impact
The IT Department budgeted $280,000.00 in Fiscal Year 2016/17 for the VOIP project.
Budget item was approved by the Mayor and Common Council.
Conclusion
Adopt Resolution.
Attachments
Attachment 1 - "Exhibit 1", Vendor Services Agreement
Attachment 2 - "Attachment 1", Data Dimensions Price Quote
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Ward: All v,
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Synopsis of Previous Council Actions: E
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On January 26th, 2011,the Mayor and Common Council approved Item 2011-018 authorizing an
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agreement and execution of a purchase order to Nexus Integrated Systems to provide hardware
and software to implement a PBX phone switch, call routing systems and voice mail for the City of co
San Bernardino.
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On October 9th, 2014,the Mayor and Common Council approved Item 2014-355 authorizing the CL
execution of an agreement with Nexus and the issuance of purchase orders for Nexus in the
amount of$149,238.00 and Netecs in the amount of$75,299.00 for pbx configuration and 00
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integration services and equipment.
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DIMENSION DATA
Corporate Address:
Dimension Data North America,Inc dimension
,
11006 Rushmore Drive,
Suite 300, data A&
Charlotte,NC 28277
United States
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Quote Name:City of San Bernardino—SP Migration with Adds Quote Status:In Process Date Entered:11/21/2016
rev1
Quotation#:2094008.1 Expiration Date:12/21/2016
Organization: Account Manager:
SAN BERNARDINO CITY OF/CITY HA Lisa Waelde
300 NORTH D STREET Lisa.Waelde @dimensiondata.com
SAN BERNARDINO,CA 92401
Sales Person:Tim Kidd Sales Support:
Tim Kidd
Tim.Kidd @dimensiondata.com+1 949 2656014
Email:Tim.Kidd @dimensiondata.com
Phone:n/a
Delivery Country:United States Ordering Country:United States
Shipping Method:Ground Install Country:United States
Currency:US Dollar Multi Currencies:Normal View
Payment Terms:30 Days Net
DIMENSION DATA TERMS AND CONDITIONS OF SALE
All products and services are offered subject to the Dimension Data Terms and Conditions of Sale available at http://www.dimensiondata.com/en-
US/Documents/DimensionDataTermsandConditionsUS.pdf and which are incorporated herein by reference.Dimension Data's offer to sell such products or services and its obligation to perform
are expressly conditional upon Customer's acceptance of these Terms and Conditions of Sale without additional or different terms.Customer may accept Dimension Data's offer by issuing a
purchase order and such action shall be deemed to be Customers unconditional acceptance of the Terms and Conditions of Sale and this Quotation.Customer acknowledges that charges for
its usage and/or storage in excess of specified subscription limits may apply and Customer will honor and pay such additional charges as applicable regardless of funding authorized on its
Purchase Order.Customer acknowledges and agrees that it has the ability to access each URL referenced in this quotation.Customer waives any claims or defenses to the validity or
enforceability of the Terms and Conditions of Sale arising from any electronic submission of it to Customer.
If you observe any illegal or unethical behavior by any Dimension Data employee,please report such behavior to our anonymous Ethics Hotline by phone at 877-217-6364 or by web at
https://iwf.tnwgrc.corTVd imensiondata.
# Mfr Part# Description Qty List Price Discount Unit Price Ext Price
UNIVERGE SV9500
Comments:
1 24-FR000000126018 NEC Corporation of America SV9500 DVD 1 $100.00 100.00% $0.00 $0.00
2 BE114272 NEC Corporation of America SV95 UG50 TRK-1 48 $230.00 51.47% $111.61 $5,357.28
LIC
3 24-UW000000107998 NEC Corporation of America SV95 BASIC USER 505 $100.00 100.00% $0.00 $0.00
1 LIC
4 24-UW000000108020 NEC Corporation of America SV95 PHY-PIR RESOURCE 7 $5,600.00 100.00% $0.00 $0.00
1 LIC
5 BE112819 NEC Corporation of America SCF-CP02-B 2 $15,925.00 51.47% $7,728.31 $15,456.62
6 BE114251 NEC Corporation of America SV95 CCIS/FCCS 1 $6,395.00 100.00% $0.00 $0.00
NETWORK OPTION
7 BE114289 NEC Corporation of America SV95 LIC.TRANSFER 1 $5,000.00 51.47% $2,426.47 $2,426.47
MAIN
8 24-UW000000126620 NEC Corporation of America SV95 V3 LIC APPLIANCE 1 $7,000.00 100.00% $0.00 $0.00
ER LIC
9 24-UW000000107998 Corporation of America SV95 BASIC USER 316 $100.00 51.47% $48.53 $15,335.48
[NEC 1 LIC
This Quote is Proprietary to Dimension Data and shall not be shared outside the party for which the Quote was prepared without prior
permission from Dimension Data Page 1 of 4
Dimension Data Price Quotation-City of San Bernardino-SP Migration with Adds rev1
Quote Number:2094008.1 1 Quote Date:11/21/2016 1 Quote Expiration Date:12/21/2016
# Mfr Part# Description Qty List Price Discount Unit Price Ext Price
UNIVERGE SV9500
Comments:
10 Q24-UW000000107986 NEC Corporation of America SV95 PLATFORM LIC 1 $1,400.00 100.00% $0.00 $0.00
(NEW)
11 BE714290 NEC Corporation of America SV95 LIC.TRANSFER 7 $1,100.00 100.00% $0.00 $0.00
PER PHY-PIR
12 BE114291 NEC Corporation of America SV95 LIC.TRANSFER 505 $26.00 100.00% $0.00 $0.00
PER IP EXT
13 24-FR000000110217 NEC Corporation of America SV9500 SP 1 $0.00 $0.00 $0.00
onversion
14 BE115919 NEC Corporation of America SV95 SR NODE RESOURCE 300 $30.00 100.00% $0.00 $0.00
1
15 BE113323 NEC Corporation of America SV95(MIG)-CPU 1 $200.00 51.47% $97.06 $97.06
OVER
16 BE115917 NEC Corporation of America SV95 SR NODE 1 $2,000.00 100.00% $0.00 $0.00
OPTION
17 BE117026 NEC Corporation of America SV95 ACD 1 AGENT 25 $198.00 51.47% $96.08 $2,402.00
OPTION
18 Q24-FR000000109282 NEC Corporation of America PWRC100V-ULCSA 1 $67.83 51.47% $32.92 $32.92
S-3M
19 BE103281 NEC Corporation of America SCA-4LC2COTA 4 $4,190.00 51.47% $2,033.38 $8,133.52
20 BE113024 NEC Corporation of America GCD-81-CA 1 $550.00 50.59% $271.76 $271.76
21 BE113026 NEC Corporation of America GPZ-8LCE 1 $540.00 50.59% $266.82 $266.82
22 Q24-FR000000125011 NEC Corporation of America SV95 GNAV 9.X CORE 1 $7,000.00 50.59% $3,458.82 $3,458.82
SW-ENT
23 BE113801 NEC Corporation of America 300 $330.00 47.67% $172.70 $51,810.00
ITZ-8LD-3(BK)TEL
24 BE113037 NEC Corporation of America GCD-PRTA 2 $1,150.00 50.59% $568.24 $1,136.48
25 24-FR000000106521 NEC Corporation of America PWRC100V-ULCSA 4 $105.00 51.48% $50.95 $203.80
12FT
26 024-FR000000113276 NEC Corporation of America CF-8GB PROGRAMMED 1 $682.50 51.47% $331.21 $331.21
SV95
27 BE112820 NEC Corporation of America SCG-PC00-C 1 $2,827.50 51.47% $1,372.18 $1,372.18
28 24-FR000000113277 NEC Corporation of America CG FRONT 1 $600.00 51.47% $291.18 $291.18
OVERLAYS
29 24-DN000000108235 NEC Corporation of America SV95 GENERIC 1 $240.00 100.00% $0.00 $0.00
SOFTWARE
30 24-DN000000108369 NEC Corporation of America SV95 GNAV PRO USER 1 $1,820.00 50.59% $899.29 $899.29
1 LIC
31 24-UW000000107895 NEC Corporation of America CHS21-1 INT BATT 1 $240.00 50.59% $118.59 $118.59
KIT
32 BE114413 NEC Corporation of America UG50-B(19inch) 1 $5,500.00 51.47% $2,669.12 $2,669.12
This Quote is Proprietary to Dimension Data and shall not be shared outside the party for which the Quote was prepared without prior
permission from Dimension Data Page 2 of 4
Dimension Data Price Quotation-City of San Bernardino—SP Migration with Adds rev1
Quote Number:2094008.1 1 Quote Date:11/21/2016 1 Quote Expiration Date:12/2112016
# Mfr Part# Description Qty List Price Discount Unit Price Ext Price
UNIVERGE SV9600
Comments:
33 BE112838 NEC Corporation of America UNIVERGE 4 $2,025.00 51.47% $982.72 $3,930.88
1U-MPC(B)
34 BE112833 NEC Corporation of America SR-MGC(E)-B 1 $7,500.00 51.47% $3,639.71 $3,639.71
35 BE113451 NEC Corporation of America BLANK PLATE-B 3 $70.00 51.49% $33.96 $101.88
SECTION SUB TOTAL[UNIVERGE SV9500]: $119,743.07
SECTION GRAND TOTAL[UNIVERGE SV9500]: $119,743.07
# Mfr Part# Description Qty List Price Discount Unit Price Ext Price
SW Assurance/ESPP
Comments:
1 BE114546 NEC Corporation of America SWA PSA SV95 734 $20.00 29.40% $14.12 $10,364.08
UNIT
2 24-DN000000106630 NEC Corporation of America SWA PSA SV9X UM 9 $20.00 29.40% $14.12 $127.08
UNIT
3 024-DN000000110320 NEC Corporation of America SWA PSA CCDESIGN 53 $20.00 29.40% $14.12 $748.36
UNIT
SECTION SUB TOTAL[SW ASSURANCE I ESPP]: $11,239.52
SECTION GRAND TOTAL[SW ASSURANCE/ESPP]: $11,239.52
QUOTE SUB TOTAL: $130,982.59
ESTIMATED LOGISTICS CHARGE: $1,815.72
QUOTE GRAND TOTAL: $132,798.31
PRODUCT SUMMARY EXT PRICE
Product
$98,151.02
Software Licenses $21,592.05
Software
$11,239.52
Logistics Charge $1,815.72
Total
$132,798.31
Interested in Leasing?A 36--month lease for All Items on this quote is$3,786.43 month.
Please note'Agreement Term'below is budgetary based on Lease Rate Factor 0.0278 per US Leasing Table.
Agreement Term: 36 Month
End of Lease Option FMV
Quote 4 2094008.1
Proposal Expiration 12/21/2016
Budgetary Quote Total $132,798.31
Monthly Payments $3,786.43
LRF(per US Leasing 0.0278
Table)
These estimates exclude shipping and taxes.All leases are subject to credit approval,equipment verification and soft cost verification and applicable lease agreement.
If you have any questions or inquiries please contact Dimension Data at edward.lucas @dimensiondata.com.
By signing below you agree to Dimension Data's"Standard Terms&Conditions"provided above.
Please refer to the Terms and Conditions for any additional instructions and/or contact your account manager should you have any questions.
Quote Number 2094008.1
Your Purchase Order Number
Signature
Print Name Title
This Quote is Proprietary to Dimension Data and shall not be shared outside the party for which the Quote was prepared without prior
permission from Dimension Data Page 3 of 4
Place And Date
This Quote is Proprietary to Dimension Data and shall not be shared outside the party for which the Quote was prepared without prior
permission from Dimension Data Page 4 of 4
I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 WITH DIMENSION DATA INC AND THE ISSUANCE OF PURCHASE ORDER TO
4 DIMENSION DATA INC IN THE AMOUNT OF $159,400.00 FOR PBX
CONFIGURATION AND INTEGRATION SERVICES AND EQUIPMENT.
5
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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8 SECTION 1. The City Manager or his/her designee is hereby authorized and �F
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9 directed to execute on behalf of the City of San Bernardino an agreement with Dimension W
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10 Data Inc. a copy of which is attached hereto marked Exhibit "A" and incorporated herein by
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reference as though set forth at length. o
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SECTION 2. That the Director of Finance or his/her designee is hereby authorized to
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14 issue a Purchase Order to Dimension Data Inc in the amount of$159,400.00.
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15 SECTION 3. These purchases conform with Section 3. 04.010 of the San Bernardino 0
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17 SECTION 4. The authorization to execute the above-referenced Agreement and issue o
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the above-referenced Purchase Orders is rescinded if not executed or issued within sixty(60) o
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20 days of the passage of this Resolution. E
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S.G.b
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
2 WITH DIMENSION DATA INC AND THE ISSUANCE OF PURCHASE ORDER TO
DIMENSION DATA INC IN THE AMOUNT OF $159,400.00 FOR PBX
3 CONFIGURATION AND INTEGRATION SERVICES AND EQUIPMENT.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting
7 thereof, held on the day of , 2016,by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT 0-
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10 MARQUEZ .0
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11 BARRIOS E
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12 VALDIVIA o
13 SHORETT 00
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NICKEL 0
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16 RICHARD
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17 MULVHILL E
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19 Georgeann Hanna, City Clerk
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The foregoing resolution is hereby approved this day of 92016.
21 a
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23 R. Carey Davis, Mayor
City of San Bernardino
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Approved as to form:
25 Gary D. Saenz,
26 City Attorney
27 By:
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Exhibit A
VENDOR SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
DIMENSION DATA INC. FOR
PHONE SYSTEM HARDWARE AND SYSTEM INTEGRATION
This Vendor Services Agreement (the "Agreement") is entered into this day of , 20_, BY
AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of California, with an
address of 300 N. "D" Street, San Bernardino, California(the "CITY");
AND, o
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Dimension Data Inc a corporation operating in the State of California and having a place of business at =2
27342 Via Industria Temecula, California (the "VENDOR") (individually CITY and VENDOR may be o
referred to as a"PARTY" and collectively CITY and VENDOR may be referred to as the "PARTIES"). c
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WITNESSETH :
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WHEREAS, the Mayor and Common Council of CITY have determined that it is advantageous and in °.
the best interest of the CITY to contract for phone system hardware and system integration, and, 00
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WHEREAS, the CITY did solicit and accept quotes from available vendors for phone system hardware a
and system integration and VENDOR was the lowest responsible bidder, and,
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WHEREAS, CITY and VENDOR desire to contract for phone system hardware and system integration a
and desire to set forth their rights, duties, and liabilities in connection with their performance; and, U)
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WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of c
California Government Code, Sections 1090-1092, in the subject matter of this Agreement.
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NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the °
PARTIES hereby agree as follows: o
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1. SCOPE OF SERVICES.
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For the remuneration stipulated, CITY hereby engages the services of VENDOR to provide those products and
services as set forth on Attachment"1," attached hereto and incorporated herein. a
2. COMPENSATION AND EXPENSES.
2.1 Compensation. VENDOR shall be paid for the services set forth in Attachment "1" a total fixed
sum of$132,798.31. No other amounts, except those expressly provided for in this Agreement,
shall be paid by CITY.
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DIMENSION DATA INC.
FOR PHONE SYSTEM HARDWARE AND SYSTEM INTEGRATION
Page 1 of 7
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2.2 Additional Services. VENDOR shall not receive compensation for any services provided
outside the scope of services specified in this Agreement unless the CITY, or its authorized
representative Larry Martin, prior to VENDOR performing the additional services, approves
such additional services in writing. It is specifically understood that oral requests and/or
approvals of such additional services or additional compensation shall be barred and are
unenforceable. In no event shall the VENDOR receive compensation for any services provided
in excess of$159,400.00 without written authorization from the Mayor and Common Council.
3.3 Method of Billing. VENDOR may submit invoices to CITY for approval at intervals no more
often than monthly. Said invoice shall be based on the total of all VENDOR's products and
services that have been supplied and performed to the CITY's sole satisfaction. CITY shall pay
VENDOR's invoice within forty-five (45) days from the date CITY receives said invoice. Each
invoice shall describe in detail the products supplied, the services performed, and the associated
time for completion. Any additional products or services approved and performed pursuant to
this Agreement shall be designated as "Additional Services" and shall identify the number of the 00
authorized change order,where applicable, on all invoices.
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3.4 Records and Audits. Records of VENDOR's services relating to this Agreement shall be 2
maintained in accordance with generally recognized accounting principles and shall be made 4
available to CITY upon reasonable notice.
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3. TERM; TERMINATION. °.
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The term of this Agreement shall be from the date the agreement is fully executed until June 30, 2017.
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This Agreement may be terminated at any time upon thirty (30) days written notice by either PARTY. The a
terms of this Agreement shall remain in force unless mutually amended in writing. The duration of this x
Agreement may be extended with the written consent of both parties. w
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4. INDEMNITY.
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VENDOR agrees to and shall indemnify and hold the CITY, its elected officials, employees, agents, or d
representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature £
arising from bodily injury, including death, or property damage,based or asserted upon any actual or alleged act °
or omission of VENDOR, its employees, agents, or subcontractors, relating to or in any way connected with the o
accomplishment of the work or performance of services under this Agreement, unless the bodily injury or
property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, 0
agents or representatives. As part of the foregoing indemnity,VENDOR agrees to protect and defend at its own
expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from
any and all legal actions based upon such actual or alleged acts or omissions. VENDOR hereby waives any and a
all rights to any types of express or implied indemnity against the CITY, its elected officials, employees, agents
or representatives, with respect to third party claims against the VENDOR relating to or in any way connected
with the accomplishment of the work or performance of services under this Agreement.
5. INSURANCE.
5.1 Minimum Scope and Limits of Insurance. VENDOR shall obtain and maintain during the life of
this Agreement all of the following insurance coverage:
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DIMENSION DATA INC.
FOR PHONE SYSTEM HARDWARE AND SYSTEM INTEGRATION
Page 2 of 7
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(a) Comprehensive general liability, including premises-operations, products/completed
operations, broad form property damage, blanket contractual liability, personal injury with a
policy limit of not less than One Million Dollars ($1,000,000.00), combined singles limits,
per occurrence and aggregate.
(b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit
of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence
and aggregate.
(c) Worker's compensation insurance as required by the State of California.
5.2 Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed
to contain the following provisions: t
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(a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, wo
officers, agents, and employees are additional insureds with respect to this subject project c
and contract with City."
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(b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, o
until thirty(30) days after written notice is given to City."
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(c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be 0)
excess and not contributing with the insurance provided by this policy."
5.3 Certificates of Insurance. VENDOR shall provide to CITY certificates of insurance showing the a
insurance coverages and required endorsements described above, in a form and content approved t
by CITY, prior to performing any services under this Agreement. w'J
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5.4 Non-limiting. Nothing in this Section shall be construed as limiting in any way, the ?
indemnification provision contained within this Agreement, or the extent to which VENDOR c
may be held responsible for payments of damages to persons or property.
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6. NON-DISCRIMINATION. o
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In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not o
engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons a
because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical s
condition, marital status, sexual gender or sexual orientation, or any other status protected by law.
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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 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.
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DIMENSION DATA INC.
FOR PHONE SYSTEM HARDWARE AND SYSTEM INTEGRATION
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8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, a
usiness registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its
business or profession.
9. NOTICES.
Any notices, documents, correspondence, or other communication concerning this Agreement or the services
provided hereunder may be provided by personal delivery or U.S. Mail. If personally delivered the notice shall
be deemed delivered at the time of the personal delivery. If sent by U.S. Mail the notice shall be deemed
delivered forty-eight(48)hours after deposit in the U.S. Mail as reflected by the official U.S. postmark.
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TO THE CITY: TO THE VENDOR:
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Larry Martin Sean Kucera c
Information Technologies Dept. 27342 Via Industria E
300 N. "D" Street Temecula, Ca. 92590
San Bernardino, CA 92418 0
Either PARTY may change the address for delivery of notices by sending notice of the change to the other ti
PARTY in conformity with this Section.
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10. ATTORNEYS' FEES
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In the event that litigation is brought by any PARTY in connection with this Agreement, the prevailing party a
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 c
any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and c
members of his/her office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees"for the purposes of this paragraph. E
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11. ASSIGNMENT. o
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VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the 5
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 a
VENDOR 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 Superior Court of the State of California for the County of San Bernardino or the
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DIMENSION DATA INC.
FOR PHONE SYSTEM HARDWARE AND SYSTEM INTEGRATION
Page 4 of 7
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United States District Court for the Central District of California, Riverside Division. The aforementioned
choice of venue is intended by the parties to be mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed and construed under the laws of the State of California without giving effect
to that body of laws pertaining to conflict of laws.
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.
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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. o
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16. SEVERABILITY. E
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If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or o
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 ti
provisions of this Agreement shall remain in full force and effect.
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17.REMEDIES; WAIVER.
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All remedies available to either PARTY for one or more breaches by the other PARTY are and shall be deemed a
cumulative and may be exercised separately or concurrently without waiver of any other remedies.
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The delay or failure of either PARTY to require performance or compliance of the other of any of its c
obligations under this Agreement shall in no way be deemed a waiver of those rights to require such
performance or compliance. No waiver of any provision of this Agreement shall be effective unless made in E
writing and signed by a duly authorized representative of the PARTY against whom it is sought. The waiver of °
any right or remedy with respect to any occurrence or event shall not be deemed a waiver of such right or o
remedy with respect to any future occurrences or events and shall not be deemed a continuing waiver. c
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18.ENTIRE AGREEMENT.
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1 This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes a
any prior agreements and understandings relating to the subject matter of this Agreement.
19.COUNTERPARTS.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of
which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered
by facsimile transmission or by e-mail delivery of a ".pdf' format data file, such signature shall create a valid
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DIMENSION DATA INC.
FOR PHONE SYSTEM HARDWARE AND SYSTEM INTEGRATION
Page 5 of 7
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and binding obligation of the PARTY executing (or on whose behalf such signature is execute) with the same
force and effect as if such facsimile or".pdf' signature page were an original thereof
20.AMENDMENT.
No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES.
21.CORPORATE AUTHORITY.
Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are duly authorized
to execute this Agreement on behalf of said PARTIES and that by doing so, the PARTIES hereto are formally
bound to the provisions of this Agreement.
22.COMPLIANCE WITH LAW
VENDOR agrees to abide by all federal, state, and local laws, ordinances and regulations. d
23. FORCE MAJEURE. o
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A PARTY shall not be liable for any failure or delay in the performance of this Agreement for the period that E
such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God,
war, strikes or labor disputes, embargoes, governmental orders or any other force majeure event. o
24. RESPONSIBILITY FOR ERRORS. o
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VENDOR shall be responsible for its work and results under this Agreement. VENDOR, when requested by a
CITY, shall furnish clarification and/or explanation as may be required by CITY's representative, regarding any
services rendered under this Agreement at no additional cost to CITY. In the event that an error or omission x
attributable to VENDOR occurs, then VENDOR shall, at no cost to CITY, provide all necessary services to a
rectify and correct the matter to the sole satisfaction of CITY and to participate in any meeting required with >
regard to the correction.
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25. ORDER OF PRECEDENCE.
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In the event of any inconsistency or conflict in this Agreement and any of the attached Exhibits or Attachments,
the terms set forth in this Agreement shall prevail. o
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26. CONSTRUCTION. E
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The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an
ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be a
construed as if drafted jointly by the PARTIES and in accordance with its fair meaning. There shall be no
presumption or burden of proof favoring or disfavoring any Party by virtue of authorship of any of the
provisions of this Agreement.
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VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DIMENSION DATA INC.
FOR PHONE SYSTEM HARDWARE AND SYSTEM INTEGRATION
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VENDOR SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
DIMENSION DATA INC. FOR
PHONE SYSTEM HARDWARE AND SYSTEM INTEGRATION
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set
forth below.
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Dated: , 2016 VENDOR: Dimension Data Inc. o
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By:
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Dated , 2016 CITY OF SAN BERNARDINO
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By: >
Mark Scott, City Manager
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APPROVED AS TO FORM: E
Gary D. Saenz, City Attorney °
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By:
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VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DIMENSION DATA INC.
FOR PHONE SYSTEM HARDWARE AND SYSTEM INTEGRATION
Page 7 of 7
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DIMENSION DATA Attach
Corporate Address:
Dim ion
ension Data North America,Inc dimension
11006 Rushmore Drive,
I NC 28277 data At,
U1. ates
Quote Name:City of San Bernardino-SP Migration with Adds Quote Status:In Process Date Entered:11/21/2016
rev/
Quotation#:2094008.1 Expiration Date:12/21/2016
Organization: Account Manager:
SAN BERNARDINO CITY OF/CITY HA Lisa Waelde
300 NORTH D STREET Lisa.Waelde @dimensiondata.com
SAN BERNARDINO,CA 92401
Sales Person:Tim Kidd Sales Support: o
Tim Kidd Q
Tim.Kidd @dimensiondata.com+1949 2656014 0)
Email:Tim.Kidd @dirriensiondata.com
Phone:n/a
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Delivery Country:United States Ordering Country:United States O
Shipping Method:Ground Install Country:United States N
Currency:US Dollar Multi Currencies:Normal View 0
Payment Terms:30 Days Net
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DIMENSION DATA TERMS AND CONDITIONS OF SALE
All products and services are offered subject to the Dimension Data Terms and Conditions of Sale available at http://www.dimensiondata.com/en-
US/Documents/DimensionDataTermsandConditionsUS.pdf and which are incorporated herein by reference.Dimension Data's offer to sell such products or services and its obligation to{ d' n
are expressly conditional upon Customer's acceptance of these Terms and Conditions of Sale without additional or different terms.Customer may accept Dimension Data's offer by issuii T
purchase order and such action shall be deemed to be Customer's unconditional acceptance of the Terms and Conditions of Sale and this Quotation Customer acknowledges that charg
its --e and/or storage in excess of specified subscription limits may apply and Customer will honor and pay such additional charges as applicable regardless of funding authorized on O
N
F Order.Customer acknowledges and agrees that it has the ability to access each URL referenced in this quotation.Customer waives any claims or defenses to the validity or E
C )ility of the Terms and Conditions of Sale arising from any electronic submission of it to Customer. V
If you observe any illegal or unethical behavior by any Dimension Data employee,please report such behavior to our anonymous Ethics Hotline by phone at 877-217-6364 or by web at Q
https://iwf.tnwg rc,com/d i m e ns i o nd ata.
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# Mfr Part# Description Qty List Price Discount Unit Price Ezt q
to
UNIVERGE SV9500
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Comments:
N
1 24-FR000000125018 NEC Corporation of America SV9500 DVD 1 $100.00 100.00% $0.00 C 0
d
2 BE114272 NEC Corporation of America SV95 UG50 TRK-1 48 $230.00 51.47% $111.61 $5, Q 8
LIC
R
3 24-UW000000107998 NEC Corporation of America SV95 BASIC USER 505 $100.00 10000% $0.00 M 0
1 LIC
C
4 24-UW000000108020 NEC Corporation of America SV95 PHY-PIR RESOURCE 7 $5,600.00 100.00% $0.00 CD 0
1 LIC
E
V
5 BE112819 NEC Corporation of America SCF-CP02-B 2 $15,925.00 51.47% $7,728.31 $15, 6 2
a
6 BE114251 NEC Corporation of America SV95 CC IS/FCCS 1 $6,395.00 100.00% $0.00 0
NETWORK OPTION
7 BE114289 NEC Corporation of America SV95 LIC.TRANSFER 1 $5,000.00 51.47% $2,426.47 $2, 7
MAIN
8 24-UW000000126620 NEC Corporation of America SV95 V3 LIC APPLIANCE 1 $7,000.00 100.00% $0.00 0
ER LIC
9 24-UW000000107998 NEC Corporation of America SV95 BASIC USER 316 $100.00 51.47% $48.53 $15, 8
1 LIC
Packet Pg. 100
This Quote is Proprietary to Dimension Data and shall not be shared outside the party for which the Quote was prepared without prior
permission from Dimension Data Page 1 of 4