HomeMy WebLinkAboutCREATIVE BUSINESS CONCEPTSAGREEMENT BETWEEN THE" CITY 011
AND VKAfl,w N0 MGM,)
Creative Business Concepts hoc. CLERVk OF COLH`,V[,,
THIS AGREEMENT, is made and entered into this 14"' day of June, 1999, by and
between the City of Santa Ana, a charter city and municipal corporation duly organized and
existing under the Constitution and laws of the State of California ("City") and Creative Business
Concepts Inc. ("Contractor").
WHEREAS, the City desires to retain the services of Contractor to provide the City with
anti -virus software and services from Network Associates.
THEREFORE, in consideration. of their mutual and respective promises, the parties
hereto do hereby state as follows:
Terns and Conditions
The terns of this Agreement shall be for a period of two years, beginning on I July 1999,
and ending on or before 30 June 2001.
All terms and conditions set forth in the Contractor's "Proposal for Anti -Virus Software"
dated May 19, 1999, shall have full force and effect in this Agreement. Said tern -is and
conditions are attached hereto as Exhibit A, and incorporated herein by reference,
2. Scope of Services
Conti -actor has the requisite knowledge, skills, and expertise in the field selling and
providing microcomputer software, and agrees to provide the City with:
Network Associates' McAfee Virus Scan Security Suite, Two -Year Subscription
Including Products:
i'- VirusScan (for Windows3.x, WiliNT-Intel, WinNT-Alpha, DOS, Win 9x, NT-
conuriand-line, and WM2000* Desktop Protection)
4- NetShield (for Netware, WinNT-Intel, WinNT-Alpha, AIX, LINUX, and Solaris,
and Win2000* File and Application Servers)
The Subscription to provide:
(1) A license to use the above Network Associates McAfee products in any combination
on single User/server basis.
(2) A re -usable copy of the Products.
(3) Free electronic upgrades of the Products (via NAI McAfee SecureCast under a
corporate Grant # to accompany this subscription).
(4) Free electronic updates of the virus DAT signatures files (via NAI McAfee
SecureCast under a corporate Grant # to accompany this Subscription).
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(5) Coverage for two years commencing from date of confirmation of purchase by
vendor or availability of the products to the City, whichever occurs later.
Compensation
The City will pay to Contractor total compensation under this Agreement which shall not
exceed $48,000.
4. Termination of Agreement
This Agreement may be terminated by either party upon thirty (30) days written notice.
The City Manager is authorized to terminate this Agreement on behalf of the City at his
discretion.
5. Independent Contractor
Contractor is an independent contractor, and not an employee of the City. Contractor
shall be responsible for the payment of all salaries, wages, bonuses, Social Security Workers
Compensation, taxes, Federal and State Unemployment Insurance, and any and all taxes relating
to the personnel furnished pursuant to this Agreement. The Contractor is responsible for
withholding State and Federal Income Taxes and F.I.C.A. taxes and shall provide Workers
Compensation for its personnel. Contractor shall also comply with all laws relating to
employees, such as wage and hour laws, safety and health requirements, and collective
bargaining laws.
6. Notice
Notice and written communication sent by one party to the other shall be personally
delivered or sent by U.S. mail, postage prepaid, to the following addresses:
If sent by Contractor to the City:
If sent by the City to Contractor:
Mr. Tom Gergen
Information Systems Manager
City of Santa Ana
Post Office Box 1988, M-12
20 Civic Center Plaza
Santa Ana, CA 92702
Mr. Jim Bucklin
Senior Account Manager
One Technology Drive
Building H
Irvine, CA 92618
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7. Subcontractors
None of the services included in this Agreement shall be assigned or transferred without
the prior approval of the City Manager. Contractor shall be fully responsible to the City for
performance of subcontractors.
8. Indemnification
Contractor shall defend, indemnify and save harmless the City of Santa Ana, and its
officers, agents, and employees, from any and all claims, demands, suits, actions or proceedings
of any kind or nature (including workers' compensation claims and unemployment insurance
claims) for damages to property and/or physical injury or death of any person in any way
resulting from or arising out of the operations and acts of Contractor, its agents, employees or
subcontractors, in the performance of this Agreement.
9. Vali i
The invalidity in whole or in part of any provision of this Agreement shall not void or
affect the validity of any other provision of this Agreement.
10. Laws Governing this Agreement
This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
11. Exclusivity and Amendment of Agreement
This Agreement, along with any and all related exhibits and attachments, supersedes all
other agreements, either oral or written, between the parties hereto with respect to the retention
of Contractor by the City, and contains all the covenants between the parties with respect to such
employment. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party which are not embodied herein, and that no other agreement or amendment
hereto shall be effective unless executed in writing and signed by both the City and Contractor.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date
and year first above written.
ATTEST:
I cc C. Guy
Clerk of the Council
APPROVED AS TO FORM:
-e-Ir—It-
fe),- Joseph W. Fletcher
City Attorney
RECOMMENDED FOR APPROVAL:
ri k C6l'onia,' ecutive Director
Finance dent Services Agency
� I
CITY OF SANTA ANA
a municipal corporation of the
State of California
Mi,g6 A. Pulldo
Meor
APPROVED AS TO CONTENT:
David N. Reaffi
City Manager
Creative Business Concepts Inc.
N RACr 0
Name: M.
Position:
Tax ID#
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reave
. us�ness
Concepts
Inc.
Nemvrking . Han3wnm - COMUlWig
Tmh[ng . Application Sofumm
May 19, 1999
City of Santa Ana
Purchasing Division, M-16
Room 429, Fourth Floor
City Hall
20 Civic Center Plaza
Santa Ana, CA 92701
Jim Bucklin, Senior Account Manager
(949) 727-3104 Fax: (949) 727-3132
Internet: jbucklin@cbconcepts.com
)C'ropasl for Anti 'Virus -:Software
_ ... .r, _
Network Associates VirusScan Security Suite, Two Year Subscription $ 15.70 Each
Quantily 1001 $15, 715.70
Virtis.Scan 4.0-Desklop Protection,for Windows 3.x, WinNT-Intel,
WinNT-Alpha, DOS, Win 9x, NT-Command Line, and Win2000
NetShield File and Applications Server Protection for NetWore,
WinNT Intel, WinNT Alpha, AIX, LINUX, Solaris, and Win2000
Subtotal. $15, 715. 70
7.75% Sales Tax: $ 1,217 97
Total. $16,933.67
Suhse?ktion Provides:
! . A license to use the above Network Associates products in any combination on a single user/server basis.
2. Re -usable copies of the products.
3. Free electronic upgrades of the products, via NAI McAfee SecureCast, pushed over the Internet.
4. Free electronic upgrades of the virus DAT signature files via NAI McAfee SecureCast, pushed over the
Internet.
5. Coverage for two years from date of confirmation of purchase by vendor or availability of the product to
City, which ever occurs later.
Proposal Notes:
This price quotation is for an initial purchase of at least 1,001 nodes and will be honored for 30 days.
Purchase Price includes Take Home Rights.
During the term of this agreement, subsequent purchases ("reorders") of 251 nodes or more will be
discounted at 20% off of Government list price. Due to the fluctuating nature ofAnti-Virus software license
lit -icing, this does not equate to a fixed price. The 20% discount will be taken from the prevailing list price
at time of reorder. The current Government list price for 251 nodes is $24.00 per node, so a reorder for 251
nodes currently would cost $19.20 per node, for a total of $4,819,20, not including tax. Reorders of less
than 251 nodes are not eligible for this discount, and will need to be re -quoted at time of purchase.
4. Terms: Net 30
One Technology Drive . Building I vir�e, PA 92618 . (949) 727-3104 rAX (949) 727-3132
CITY C0JJWA__A#_EE1V,,0'G RiT,1-:
June 7, 1999
TITLE.
AGREEMENT WITH CREATIVE BUSINESS
CONCEPTS INC. FOR ANTI -VIRUS SOFTWARE
CITY MANAGER
UN
As Recommended
As Amended
U Ordnance on Ist Reading
EJ Ordinance on 2nd Reading
LJ Implemientilng Resdution
El Set Pubfic Hearing Foi,
FILE NUMBER
Direct the City Attorney to prepare and authorize the Mayor and the Clerk
of the Council to execute an agreement with Creative Business Concepts
for a two-year license for anti -virus software in an amount not to exceed
$48,000.
DISCUSSION
Since 1997, the City has utilized licensed, specialized detection and
removal software to combat computer viruses that can infect operating
software, computer systems and/or documents. The license for the McAfee
anti -virus software, which is currently installed on 1,000 computer
devices throughout the City, is expiring. Additionally, the City
requires the expansion of the license agreement to provide anti -virus
protection to 550 additional existing computer devices and any equipment
acquired in the future.
A Request for Proposal was submitted to the current vendor and two
additional software vendors. Proposals were evaluated on product
package, price, and services offered. Creative Business Concepts
proposed the lowest cost and the best terms for the McAfee anti -virus
software for a two-year licensing term.
FISCAL IMPACT
Budgeted funds in the amount of $48,000 are available in the Information
Services Strategic Plan Fund (account no. 79-179-6661, computer
software).
od R. Coloma
Executive Director
Finance & Management Services
I =9
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