Loading...
HomeMy WebLinkAbout6006 AGENDA BILL CITY OF BREMERTON 5 E CITY COUNCIL SUBJECT: Study Session Date: July 10, 2019 Purchase Agreement with Trebron COUNCIL MEETING Date: July 17, 2019 Company, Inc. to Upgrade the SOPHOS Department: Finance/IT Firewall and Renew the License Presenter: Dave Sorensen Phone: (360) 473-5472 SUMMARY: The City's current SOPHOS Firewall Appliance contract is expiring in August 2019. This renewal will replace the current software appliance and license for 3 years. Trebron is the 3rd Party reseller and came in with the lowest cost of the 3 quotes received. The contract also allows for the ability to upgrade to the newer SOPHOS firewall technology at no extra cost, if the engineers are able to adapt it to the City's configuration. ATTACHMENTS: 1) Trebron 3-Year Purchase Agreement 2) Quote from Presidio Networked Solutions Group, LLC 3) Quote from CDW-G FISCAL IMPACTS (Include Budgeted Amount): The Trebron 3-year purchase agreement amortizes the cost of the license and appliance over 3 years. A onetime $75 shipping fee and three annual payments of$8,965.25 which will be invoiced on July 31, 2019, July 31, 2020 and the final payment on July 31, 2021; for a total cost of$26,970.75. The Firewall upgrade and costs were anticipated and added to the budget for 2019 and the following years. STUDY SESSION AGENDA: ©Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: lI Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve a three-year purchase agreement with Trebron Company, Inc. to renew the SOPHOS firewall license and replace the firewall appliance for a total amount of$26,970.75, including Washington State sales tax and shipping fees; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: 1.1(Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 liTREBRON SOPHOS t .^W P4 Y INC Platinum Partner IIII Date: May 28, 2019 Buyer: City of Bremerton Trebron Account Executive: Scott Griffin Trebron Company, Inc. 5506 35th Ave. N.E. Seattle,WA 98105 Mailing 345 6th Street, Suite 100 206-527-3477 Corporate Address: Bremerton, WA 98337-1873 360-275-9100 Mobile sgriffinc trebron.com Purchase Agreement 3 Years The Parties hereto, "Buyer," City of Bremerton and"Seller,"Trebron Company, Inc. hereby agree as follows: 1. Description: Buyer agrees to purchase from Seller, "Product"as listed in the table below for$24,675.00 (Twenty Four Thousand Six Hundred Seventy Five United States Dollars and 00/100), plus applicable shipping costs and sales tax, unless Buyer is exempt from the payment of such tax and provides Seller with evidence of such exemption. Qty Included Components Term Total Price Users) _ (Months) ($USD) 1 Sophos SG 450 FullGuard 24x7–Renewal — 36 $24,675.00 1 Sophos SG 450 Rev. 2 Security Appliance - Included 2. Payment: To be made to Seller in three annual installments of$8,225.00 each. The first payment is due on or before July 31, 2019. The second payment is due on or before July 31, 2020. The third and final payment is due on or before July 31, 2021. Payment Terms are net thirty(30)days from date of invoice. All payments shall be by check made payable to Trebron Company, Inc. at the address listed above. 3. Term: Buyer's license for the product expires approximately 7/8/2022 (3 years). 4. Representations: Buyer understands that Seller is a reseller of hardware and software 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 manufacturers' warranties for Product acquired by Seller for Buyer, including Licensor's warranties for Product. Except for the foregoing, Seller shall deliver the Product"as is"and Seller makes no other warranty, express or implied, including any warranty of merchantability or fitness for a particular purpose. 6. Limitation of Liability: Under no circumstances will Seller be liable for any incidental, indirect, special or consequential damages from Buyer or any third party, including damages for lost revenue, profits, data or use, even if Seller has been advised of the possibility of such damages. In 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 harmless Seller, its employees and its agents from and against all damages, claims and liabilities of every nature whatsoever, including but not limited to reasonable legal expenses, arising in connection with or out of the improper or unauthorized operation use or repair of the products furnished to Buyer. 8 Late Fees: Late payments shall accrue interest beginning from the payment due date at a rate of eighteen percent (18%) per annum or the maximum allowable legal rate whichever is lower. In the event that any payment or amount owed is more than ninety (90)days past due, Seller may declare the entire amount due and owing in addition to accrued fees and costs. Buyer's failure to pay under this agreement may result in termination of Buyer's software license. 9 Cancellation: Once Seller has accepted Buyer's order, Buyer cannot cancel the agreement, in whole or in part, without Seller's express written consent. Such cancellation is conditioned upon Buyer's reimbursement to Seller for all costs incurred by Seller in connection with the order up to the time of cancellation—including, but not limited to Seller's cost for cancellation. 10. Attorney's Fees: In the event any cost or expense, including reasonable attorney's fees("Costs")are incurred in the enforcement of this Agreement, the prevailing party shall be entitled to reimbursement for all such Costs in addition to damages. Seattle,WA(Corporate) 5506 35"Ave NE,Seattle.WA 98105 Office(206)527-3477 I Fax(206)527-4288 Springfield.MO Office(417)473-9199 I Fax(206)527-4288 Page 1 of 2 11. Governing Law:This Agreement shall be construed and interpreted In accordance with the laws of the State of Washington. Venue for any and aN actions shall be in the state or federal courts of King County,Washington. 12. Software: Buyer will negotiate all software icense provisions of Product directly with the Licensor. 13. Miscellaneous:This Agreement must be exec ed on or before 7/28/2019 or it becomes void. 14 Waiver.The waiver of any breach of any provision of this A reement shall not or be construed as a waiver of any subsequent breech and shall be effective only If presented in writing. 15. Severability:If any provision of this Agreement is deemed or unenforceable, as other provisions of this Agreement shall remain in full force and effect. 16 Entire Agreement This Agreement constitutes the entire Agreement of the parties and may not be amended or superseded except in writing with elution by both parties. City of Bremerton • /„ /I/ .----� If Director Signature Bushiess Office •.. ._;t. - - - , Vil t�'f t t i 5't e 19"2 l Zs G L- Printed Name p Name 0-ct G r C +L4�KG' '<-44•4 Ti - '4Ti le Title 7/(cr; 2c 7/ lg Date Date Must be signed by an authorized representative of Buyer Maw Information Trebron Company, Inc. Do you accept invoices via Ems V 0 N a Sigf Lure _-- Accounts Payable Contact Norbert van Dam Printed Name Emalt Address President Title Phone ( 7 Date Page 2 of 2