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Home My WebLink About5599 ��C� ��7� AGENDA BILL �� CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase Agreement with Study Session Date: July 13,2016 Trebron Company,Inc.to Upgrade and COUNCIL MEETING Date: July 20,2016 Replace City of Bremerton's Main Firewall Department: Finance/IT with Sophos SG 450 Presenter: Kevin Matthew Phone: 360-473-5473 SUMMARY: The City's main firewall was purchased in June of 2013 for$19,098.00. The vendor carried this amount over 3 years with 3 years payments of$6,386.00 per year with the last payment in July of 2015. Sophos is retiring this equipment in 1wo years and they are no longer offering discounted, multi-year support and licensing agreements for this firewall. It has now become more expensive to keep the existing firewall than it would be to upgrade to a new one. To con6nue licensing the existing firewall(P�oposal Option 1)will cost the City$25,874 over 2 years. To upgrade (Proposal�ption 2),the City will spend $30,896 over 3 years. Staff is recommending the City pursue proposal option 2. ATTACHMENTS: 1) Trebron proposal 2) Trebron Purchase Agreement FISCAL IMPACTS(Include Budgeted Amount): 1) The recommended proposal will cost$3Q,896.25 plus tax. Trebron will amortize this expense over 3 years at no cost to the City. This will result in a 2016 expenditure of$10,298.75 plus tax. We already have a$7,600.00 line item in the 2016 budget for firewatl support leaving $3,5�4 remaining to fund. This amount will be absorbed into the existing 2016 expenditu�e budget with no budget adjustment anticipated. 2) 2017 and 2018 payments will be built in to the respective budgets. � � STUDY SESSION AGENDA: � No Presentation O Full Presentation STUDY SESSION ACTION: �Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOT10N: Move to accept the Trebron Company, Inc. proposal option 2 to replace the City's main firewall;and authorize the Mayor to flnalize and execute the purchase agreement with substantially the same terms and conditions as p�esented. COUNCIL ACTION: [�Approve ❑ Deny ❑Table ❑ Continue ❑ No Action Form Updated 01/07/f5 �`�t��r o n �v�Hc�s c3s � .. _.. _.. . ... www.trebron.wm Ftahn:em Parhre� COMPANY INC. �–�-- Date: June 8,2016 Buyer: City of Bremerton Trebrdn Account Executive: Scott Gri�n Trebron Campany,lnc. 5506 35'"Ave. N.E. Seattle,WA 98105 Mailing 345 6`"Street, Suite 600 Telephone: 206-527-3477 Corporate Address: Bremerton,WA 98337-1873 7elephons: 360-275-9100 Direct Email: sQriffin�trebron.com Purchase Agreement 3 Years The Parties hereto, "Buyer,"City of Bremerton and'SeUer,'Ttebron Company, Irtc. hereby agree as follows: 1. Description: Buyer agrees to purChase from Setter,'product•as(isted in the tabte below for$30,896.25(Thirty Thousand Eight Hundred Ninety Six United States Dollars and 25/100),plus applicable shipping costs and sales tax, unless Bu er is exem t from the �ent of such tax and rovidas Seller with e�idence of such exem tion. � �Y Included Components Tertn Total Price Users Months $USD 300 So hos Cloud End int Protection AdvanCed–Govemmenl 36 $ 7,226.25 1 So hos TotalProtect 24x7 3-Year inciudes SG450 A liance 36 $22,800.00 � Trebron Enter rise Consultln – lo ent–Hourl $ 870.00 2. Payment: To be made fo Seller in three artnual instalfinents of$10,298.75 each. The first payment is due on or before July 31,2016. The second payment is due on or before duly 31,2017. The third and final payment is due on or before July 31,2018. Payment 7erms are net thirty(30)days from date of invoice. All payments shall be by check made payable to Trebron Company, Inn. at the address listed above. 3. Term: Buye�s license for the product expires epproximetely 7_a.2p�g(3 years), 4. Represe�tations: Buyer understands that Seller is a�eseller of hardware and sofiware products. Buyer acknowledges that it has not relied on any representations by Seller and has independently investigated the products and determined the suitability of the products for Buyer's intended purposes. 5. Warranty: Seller shall pass through to Buyer any original manufecturers'warranties for Product acquired by Seller � for Buyer, including Licensor's wartenties for Praduct. Exc�t ier the foregoing, Seller shall deliver the P�oduCt'as is'and SeNer makes no other wart�anty,express or Irttplied,inc[uding any watranty of inerchantabifity or fRness for a particular purpose. 6. Limitation of Liability: Under no circumstances will Se{ler be liable for any incidental,indirect,special or consequential damages from Buyer or any third party,including clamages for lost revenue, profits,data or use,even if Seller has been advised of the possibifRy of auch dameges. tn no event shall Seller's entire liability under this agreement exceed the price of the products under this Agreement. 7. Indemnification: Buyer shall defend, indemnify and hold hannless 5eller,its employees and its agents from and against all damages,claims and liabilities of every nature whatsoever, including but rtot limited to reasonable legal expenses,arising in connection with or out of the improper or unautharized opera6on use ar repair of the praducts furnished to Buyer. 8. Late Fees; Late payments shall accn�e interest beginntng from the payment due date at a rate of eighteen percent (18�0)per annum or the maximum allowable legal rate whiGhever is lower. In the event that any payment or amount owed is more than ninety(90y days past due,Seller mey d�cl�re the entire amount due and owing in addition to accrued fees and costs, Buyer's faileue to pay under this sgreement may result in termination of Buyer's software license. 9. Cancellation:Once Seller has accepted Buye�'s order, Buyer cannot cancel the agreement, in whole or in part, without Seaer's express written conse�. Suth Ganceqatioq is corxfitipned upon Buyer's reimbursement to Selter for all costs incurred by Seller in conne�cti�n with the order up to the time of cancellation—including, but not limited to Setters cost for cance(lation. 10 Attomey's F�es: In the evertt any cost or expense,including reasonable atDamey's fees(`Costs")are incurred in the enforcement of this Agreement,the prevailirTg paRy shall be entitted to reimbu�ement for all such Costs in addition to damages. SeatGe,WA(Carporete) 55�78 35"Ave NE,Seattla,WA 8810� � Offlce(206)527-9477 ( Fax(206)5Z7-4288 � SPringfield.MO Oflioe(417)473-9198 ! Fax(206)527•4288 Pege 1 of 2 11. Governing l.aw:Thi�Agreement shall be construed and interpreted in accordance with the laws of the 5tate of Washington. Venue for any and ati actions shall be in the state or fecteral courts of Kitsap County,Washington. 12. Software: Buyer will negotiate ail software Iicense provisions of Product direcNy with the Licensor. 13. Miscellaneous:This Agreement must be executed on or before 7-8-2016 or it becomes vaid. 14. Waiver:The waiver of any breach of any prorrision of this Agreement shall not operate or be construed as a waiver of any subsequent breach end shall be effeetive oNy if presented in writing. 15. Severability: If any provision of this Agreemerrt�s deemed{nvalid or unenforceable, all other provisions of this Agreement shall remain in full force end effect. 16. Entfre Agreement:This Agreemerrt constitutes U�e endre Agreement of the parties and may not be amended or superseded except in writing with execution by both parties. � City of Bremerton i: � ,"�.• �::�;p' '.��. �; �� . �f t'f Directo[Sig ature Business ignature-Required ��.t��f�rJ /�ld-�-�+J h� !��/1 f- Printed Name Printed N me ;' p��i�-��,r, �.��rr�,��..-� R:l�� 'i>r T�le Title Date �i ��'i � � Date e� � ��-� ► Must be slgned 6y an authorized representative oi Buyer B(Iting Irtformation Trebron Compa , Inc. �Y��Pt tnvoices via Emaf!? Y o N o `� : � _-.- ,�j l�- � Signatur Accounts Payable Contact Norbert van Dam Printed Name Email Address President Title Phone Date � �� Page 2 of 2